- (1.) Present appeal has been filed by the widow, three minor children and parents of Kulwinder Singh (since deceased), challenging the award dated 2.5.2008, passed by the learned Motor Accident Claims Tribunal, Fatehgarh Sahib (for brevity, 'the Tribunal'), whereby an award of Rs. 4,75,000/- along with interest @ 6% per annum from the date of filing of the petition till realization was passed in favour of the appellants.
(2.) Brief facts of the case are that on 26.8.2005, Kulwinder Singh (since deceased) along with Joginder Singh, Deepa Ram and Piara Ram was coming to Sirhind from their village. Kulwinder Singh (since deceased) was driving motorcycle, bearing Registration No. PB-48-B-4094, on which Joginder Singh was the pillion while Piara Ram was driving scooter, bearing Registration No. PB-23-A-1697, on which Deepa Ram was the pillion. At about 1:10 p.m., both the two-wheelers reached near railway over-bridge at bye-pass of Sirhind. In the meantime, the offending vehicle Tata-407, bearing Temporary Registration No. PB-11-S-(T)-5848, being driven by respondent No. 1-Sukhpal Singh in a rash or negligent manner and at a very high speed, came on the wrong side of the road and hit the motorcycle driven by Kulwinder Singh (since deceased). Both the riders of the motorcycle, i.e. Kulwinder Singh and Joginder Singh, received serious injuries. The motorcycle was also badly damaged. Respondent No. 1 ran away after leaving the offending vehicle on the spot. Piara Ram and Deepa Ram arranged for a private vehicle and carried Kulwinder Singh and Joginder Singh to the Civil Hospital, Fatehgarh Sahib. However, Kulwinder Singh succumbed to the injuries on the way to the hospital. The matter was reported to the police and on the statement of Piara Singh, FIR No. 249, dated 26.8.2005, for the offences punishable under Sections 279, 304-A and 338, IPC, was registered at Police Station, Sirhind, District Fatehgarh Sahib.
(3.) The widow, three minor children and the parents of Kulwinder Singh (since deceased) presented the claim petition before the learned Tribunal alleging that Kulwinder Singh was 29 years old; was dealing in the business of iron scrap; was also doing dairy farming; and that from both the said jobs, he was earning Rs. 10,000/- per month. Kulwinder Singh was stated to be the only breadwinner of the family and after his death, there was no source of income with the appellants/claimants. The appellants/claimants claimed Rs. 20,00,000/- on account of the death of Kulwinder Singh and Rs. 30,000/- on account of total damage of the motorcycle, bearing Registration No. PB-48-B- 4094, owned by Kulwinder Singh (since deceased).;