Lisa Gill, J. - (1.) Appellant - Shri Ram General Insurance Company Limited has preferred the present appeal impugning award dated 28.04.2015 passed by the Motor Accident Claims Tribunal, Bhiwani (hereinafter referred to as, the Tribunal').
(2.) Brief facts of the case are that, Pawan Kumar (deceased) son of claimants Rekha Ram @ Rakha Ram and Smt. Kisturi @ Kasturi Devi, alongwith his co -villager and truck driver Sanjay were proceedings towards Loharu in a Dumper bearing registration No. HR -61A -6143 from Khanak, District Bhiwani after unloading the same. Said dumper was being driven by Sanjay on a proper side of the road at an extremely low speed due to fog. Pawan Kumar (deceased) was sleeping on the backside of the driver seat. When they reached near village Singhani and Gignau, another truck bearing registration No. RJ -18GA -0539 being driven in a rash and negligent manner by respondent No. 3 - Mehtab came from the back and dashed into the dumper. As a result of collision caused by the truck, Pawan Kumar fell down and received head injuries. Parents of Pawan Kumar were called on the spot, who removed him to Civil Hospital, Loharu with the help of one Bhupender son of Ramgopal. Pawan Kumar was declared brought dead at the hospital. FIR No. 13 dated 17.01.2014, under Ss. 279/304A IPC was registered against respondent No. 3 - Mehtab, driver of the offending truck at Police Station Loharu on the statement of Sanjay son of Dayanand. Post -mortem was conducted at Civil Hospital, Loharu on 17.01.2014.
(3.) Claimant -parents of the deceased filed claim petition under Sec. 166 of the Motor Vehicles Act, 1988 claiming compensation to the tune of Rs. 50 lacs on account of the death of their son, who was aged 23 years at the time of accident. Apart from receiving salary of Rs. 10,000/ - per month for his work as a cleaner on Dumper No. HR -61A -6143, he was also earning Rs. 12,000/ - per month. His total earning was, thus, claimed to be Rs. 22,000/ - per month.;