- (1.) Challenge in this appeal is to the Award dated 07.10.2004 passed by Shri Inderjit Singh, Motor Accident Claims Tribunal, Ropar, vide which claim petition preferred by the widow and minor children of deceased Harpreet Singh, was dismissed. The claimants filed claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation to the tune of Rs.20 lacs on account of death of Harpreet Singh in a motor vehicular accident.
(2.) It is pleaded that on 05.02.2002, the deceased was going from the Hotel of his brother from Truck Union, Mohali to his residence. Harpreeet Singh was on his Enfield Motorcycle bearing No. PBP-9555. When he reached near MOI Chowk, Mohali, his motorcycle struck against the truck which was negligently parked without indicators and parking lights. The driver of truck bearing No. PB-12-C-1348 parked the truck without applying traffic rules. There was darkness and the deceased struck with the stranded truck and resultantly died at the spot. With the sudden death of deceased, his wife and children suffered a lot. A great shock was also caused to his wife and children due to sudden death of deceased. Appellantclaimant Kuldeep Kaur is suffering from so many complications and has gone mentally upset on account of death of her husband.
(3.) Claimant No.3 was in the womb of claimant No.1-Kuldeep Kaur, when Harpreet Singh died and delivery took place after one month of the death of deceased.;