- (1.) This is an appeal brought by the claimants, the parents of the deceased Amarjeet for enhancement of compensation awarded to them on the death of said Amarjeet, in a sum of Rs.2,50,000/- by learned Motor Accidents Claims Tribunal, Bhiwani (for short 'Tribunal') vide award dated 13.04.2010. The claim petition brought by the appellants under the provisions of section 163-A of Motor Vehicles Act, 1988 (for short 'the Act'), is as under:- On 07.10.2007 Amarjeet alongwith his father Dilbag was going to Charkhi Dadri in a maruti car bearing registration no.HR-19C-2254. It was driven by respondent no.1, who is cousin brother of the deceased. At about 7.00 AM when the car reached ahead of village Samaspur, a jeep coming from the side of Dadri had hit the car. The car consequently turned turtle and the occupants received injuries. The driver of the jeep escaped. Amarjeet died on the way to the hospital. Amarjeet was 15 years old and he had passed his middle standard examination in February 2006 and was a brilliant student. His monthly income was Rs.2500/- as he was assisting his father in agricultural work. Compensation in a sum of Rs.10,00,000/- has been sought by way of this claim petition.
(2.) Respondent no.1 , the driver-cum-owner of the maruti car has claimed the petition to be based on false averments. According to him, Amarjeet did not suffer any injury on account of the negligence on his part. He has claimed that the vehicle was hit by a jeep and so the claim petition was not maintainable against him.
(3.) Respondent no.2 , National Insurance Company has also denied the accident to have occurred on account of rash and negligent driving of the car. According to it, the accident occurred due to rash and negligent driving of the jeep and provisions of section 166 of the Act were applicable while petition under section 163-A of the Act was not maintainable. The plea of mis-joinder and non-joinder of parties has been taken. It is also claimed that the vehicle was being driven in violation of the terms and conditions of the insurance policy as the person driving the same had a fake and forged licence.;