AJAY KUMAR MITTAL, J. - (1.) The claimants feeling dissatisfied with the quantum of the compensation awarded by the Motor Accident Clams Tribunal, Kurukshetra (in short "the Tribunal") on account of death of Ashok Kumar @ Chimmu, have approached this Court by way of instant appeal for enhancement of the compensation.
(2.) As per the case of the claimants, on 12.4.2003, deceased- Ashok Kumar alias Chimnu was going to Mundka, Delhi from Kurukshetra in TATA 407 bearing registration No. PB-10R-9607 being driven by Pala Ram at a moderate speed and at about 2.00 AM when they reached at Rani Khera crossing, Rohtak Road, Mundka, a truck bearing No. HR-46-3457 being driven by respondent No.1 in a very rash and negligent and also in a zig-zag manner came from behind and struck against TATA 407. As a result of the said accident, Ashok Kumar died at the spot and TATA 407 was completely damaged. The claimants filed a petition claiming compensation to the tune of Rs. 10 lacs. The claim petition was contested by the respondents by filing written statements. Respondents No.2 and 3 in their joint written statement besides raising various preliminary objections, pleaded that the truck in question was on way to Rohtak from Delhi and the driver of TATA 407 came from behind and all of a sudden turned his vehicle, as the vehicle was overloaded and, therefore, its driver could not control the same due to sudden turn and the said canter turned turtle. Further, it was pleaded that the accident had taken place due to rash and negligent driving of the canter by its driver. The Insurance Company in its written statement pleaded that the driver of the offending vehicle was not holding a valid and effective driving licence on the date of alleged accident. Further, the vehicle in question was not being driven in accordance with the terms and conditions of policy of insurance and as per provisions of the Motor Vehicles Act, 1988. The other averments made in the petition were denied. From the pleadings of the parties, the Tribunal framed the following issues:- 1. Whether accident dated 12.4.2003 at about 2.00 a.m. (night) near crossing Rani Khera turn, Rohtak Road, village Mundka, took place due to rash and negligent driving of truck no. HR-46- 3457 being driven by Bhag Singh respondent no.1, as a result of which Ashok Kumar alias Chimnu died and also caused damage to vehicle no. PB-10R-9607, as alleged? OPP 2. If issue no.1 is proved, to what amount of compensation, petitioner is entitled to in claim petition no.22 of 2003 and from whom? OPP 3. If issue no.1 is proved, to what amount of compensation, petitioner is entitled to in claim petition no.21 of 2003 and from whom? OPP 4. Whether the vehicle no. HR-46-3457 was being driven in contravention of terms and conditions of police of insurance and also against the provisions of Motor Vehicles Act, 1988? OPR 5. Relief.
(3.) The Tribunal while deciding issue No.1 in favour of the claimants held that the alleged accident took place due to rash and negligent driving of truck No. HR-46-3457 driven by respondent No.1. Under issue No.2, the claimants were awarded compensation of Rs. 1,82,800/- on account of death of Ashok Kumar alias Chimnu and the respondents were held liable to pay the amount of compensation jointly and severally. However, issue No.3 was framed qua claim petition No.21 of 2003 which was not challenged in this appeal. Issue No.4 was decided against the respondents. Accordingly, the Tribunal vide award dated 12.2.2005 awarded compensation of Rs. 1,82,800/- along with interest @ 9% per annum from the date of claim petition till realisation to be paid jointly and severally by the respondents.;