- (1.) This appeal has been directed against the order dated 20.12.2006, passed by Ms. Anita Chaudhry, in petition No. 54-MACT of 2004 filed under Section 166 of the Motor Vehicles Act, whereby she awarded a sum of Rs. 3,80,000, as compensation, besides interest at the rate of 6% per annum from the date of institution of petition till realisation, to the legal heirs of deceased Ramesh Kumar.
(2.) The facts. On 1.3.2004, Purshottam along with Ramesh loaded Canter No. HR-39/7557 with oranges at Hansi for selling at Hisar, Fatehabad and Sirsa. The canter was driven by Ramesh Kumar. At about 12.30 a.m. in the intervening night of 1-2 March, 2004, when the canter reached the area of Sadar Fatehabad, two k.m. Ahead of Village Dhangar, on the G.T. Road, it developed a defect and was stopped on the left side on that kacha path. Its parking lights and indicators were switched on. In the meanwhile, a Tata-407, bearing registration No. RJ-31G, 1871 which was also loaded with oranges stopped on the request of Ramesh Kumar. The driver of Tata-407 Satpal parked the canter ahead of canter No. HR-39/7557. Satpal and Ramesh opened the bonnet of canter No. HR-39/7557 for repairing the hose pipe. Meantime, a canter bearing registration No. HR-24GA/0228 came from Hisar side which was driven by respondent No. 1 Balbir Singh struck against the stationary canter of Ramesh Kumar. Both Ramesh Kumar and Satpal were run over by the canter and died on the spot. Rakesh and Purshotam sustained injuries in the accident.
(3.) Mrs. Panna Devi, mother of Satpal deceased has filed a petition under Section 163A of the Act seeking compensation of Rs. 4,00,000. It was pleaded that Satpal was 25 years old and was a driver and was earning a monthly salary of Rs. 3,000 per month, whereas widow and the minor children of Ramesh Kumar deceased has filed a petition under Section 166 of the Act seeking compensation of Rs. 25,00,000, by pleading that Ramesh was 30 years old and used to sell fruits and earned income of Rs. 10,000 per month.;