Raj Mohan Singh, J. - (1.) Appellants/Claimants have filed this appeal against the award dated 23.10.2013 passed by Motor Accident Claims Tribunal, Chandigarh whereby claim was dismissed in toto.
(2.) Accident took place on 13.12.2012 when Ramsharan Dass (since deceased) was going on the road of Sector 23, Chandigarh on his correct side. Respondent No.1 by driving offending vehicle in a rash and negligent manner came from the side of market of Sector 23, Chandigarh and without blowing any horn, hit Ramsharan Dass. Ramsharan Dass fell down and received multiple grievous injuries on vital parts of the body, including head injuries. He was removed to Government Hospital, Sector-16, Chandigarh, but ultimately he succumbed to the injuries on the same day. FIR was registered against the driver of the offending vehicle. The deceased was 70 years of age at the time of accident and was an Ice Seller by profession. The income of the deceased was claimed to be Rs.7000/- per month. The claimants are the sons of the deceased who claimed themselves to be dependent upon the deceased. With this background, claim petition came to be filed.
(3.) After due contest and leading evidence on record, Motor Accident Claims Tribunal, Chandigarh held that the accident in question took place due to rash and negligent driving of the driver of the offending vehicle. The age of the deceased was found to be 85 years. For want of evidence in respect of income of the deceased, it was held that keeping in view the age of the deceased, the income of the deceased was assessed to be Rs.5000/- per month. While dealing with the dependency of the claimants upon the deceased, the Tribunal found the age of appellant No.1 to be 52 years and age of appellant No.2 to be 40 years, therefore, they were not treated to be dependent upon deceased Ramsharan Dass.;