- (1.) Dissatisfied with the award dated February 06, 2012 passed by Motor Accident Claims Tribunal, Faridkot (for short "Tribunal), in MACT case No. 29 dated April 09, 2011,whereby, the claim petition preferred by the appellants under Section 163-A of the Motor Vehicle Act (for short "Act") seeking compensation on account of death of Jagroop Singh was dismissed. Appellants/claimants have preferred the instant appeal.
(2.) Briefly stated the facts containing in the claim petition are that Jagroop Singh-deceased was employed as driver of Tanker Trailer bearing registration No. RJ31-GA 2424 owned by respondent No.1, which was duly insured with respondent No.2-M/s New India Assurance Company. On February 23, 2011, he was getting his vehicle serviced and during course thereof, while he was standing on the tank, he got electrocuted and fell down. Initially, he was rushed to Government Hospital, Neelokheri and then to PGI, Chandigarh but he breathed his last during intervening night of February 26-27, 2011. In this context, DDR No. 15 dated February 26, 2011 was got incorporated at Police Station Taraori. Jagroop Singh-deceased was aged about 45 years and was earning a sum of Rs. 48,000/- per annum by way of salary. It has further been submitted that claimants being widow and minor son were fully dependent upon Jagroop Singhdeceased and untimely death of Jagroop Singh has left them in penury and destituteness.
(3.) The claim petition was resisted by both of respondents. Respondent No.1, owner of tanker did not refute any of averments made by claimants and admitted the employment of Jagroop Singhdeceased as driver.;