VINOD K.SHARMA, J. - (1.) THE present appeal has been filed against the award dated 4.2.1999 passed by the Motor Accident Claims Tribunal, Kurukshetra (hereinafter called 'the Tribunal'), vide which a sum of Rs. 50,000/- was awarded as compensation to the appellant herein under 'No Fault Liability'.
(2.) BRIEFLY the facts of the case are that on 15.7.1997 Sanjiv Kumar along with Raj Kumar was returning from Shahbad in order to go to Ugala after finishing his work in the shop on scooter bearing No. HNQ-8790 which was being driven by him at normal speed. At about 3 p.m. when his scooter reached on Barara road near Majri Mohalla, Shahbad, a jeep No. MH-01/8376 being driven by Anil Kumar, respondent No. 1 rashly and negligently came to the wrong side and struck against the scooter of Sanjiv Kumar, as a result of which he fell down and received injuries. Raj Kumar, who was sitting on the pillion seat, also sustained injuries. As a result of the injuries suffered by Sanjiv Kumar, he died in PGI, Chandigarh on the next day. It was the case of the claimant-appellant that at the time of death Sanjiv Kumar was aged about 22 years and was running a gold-smith shop at Ugala and earning Rs. 10,000/- per month from his business and also from the shop of pesticides in which he was a partner. The claim was lodged by the appellant, father of the deceased on the ground that on account of death of Sanjiv Kumar he had suffered mentally and financially and accordingly claimed a compensation of Rs. 15 lacs.
(3.) THE claim was contested by respondent Nos. 1 and 2 in which the allegations made by the claimant-appellant were denied and it was alleged that the accident had taken place due to the negligence of the deceased Sanjiv Kumar. It was claimed that the deceased had made a statement before the Police which stood recorded in DDR in which it was stated that one cow came in front of the jeep and accordingly the accident had taken place by chance and there was no negligence on the part of respondent No. 1. The allegation regarding income of the deceased was also denied.;