Lisa Gill, J. - (1.) THE present appeal has been filed by the widow and the mother of deceased -Rajinder Kumar praying for the enhancement of the compensation awarded to them by the learned Motor Accident Claims Tribunal, Karnal (for short, the Tribunal') vide award dated 03.04.2010.
(2.) VIDE order dated 29.03.2012 of this Court respondents No. 1, 3 to 5 have been proceeded against ex parte. The deceased -Rajinder Kumar, aged about 45 years, was stated to be running a Tea Shop in village Kambohpura, near GT road and earning a sum of Rs. 3200/ - per month. He was stated to have died on 01.08.2008 in an accident caused by a truck being driven by respondent No. 1 in a rash and negligent manner at a high speed in violation of the traffic rules. At the relevant time, the deceased -Rajinder Kumar was travelling in a three -wheeler bearing registration No. HR -45A -1849. The said truck hit against the three -wheeler from behind due to which Rajinder Kumar fell down on the GT road and the truck crushed his body. Rajinder Kumar died on the spot.
(3.) THE claim petition was filed by the present appellants as well as by the three others, namely, Sanjeev, Dharam Pal and Ram Mehar Singh i.e., the sons of deceased -Rajinder Kumar. The claim petition was filed under Section 163A of the Motor Vehicles Act, 1988. The learned Tribunal has held that Rajinder Kumar died due to the injuries suffered by him in the accident. The sons had not been held entitled to any compensation as they had attained the age of majority and presumed to have earning capacity and, thus, cannot be regarded as dependents of the deceased. The present appellants alone have been held entitled to receive the compensation amount which had been quantified as Rs. 3,32,800/ - and a further amount of Rs. 2,000/ - towards funeral expenses, Rs. 2,500/ - towards loss of estate and Rs. 5,000/ - to appellant No. 1 towards loss of consortium. The sons of the deceased have not preferred any appeal against the impugned award.;