NAJMI WAZIRI, J.

MAC.APP. 466/2015 & CM No. 10403/2015

1. On 26.01.2008 one Mr. Jagan Lal, a vegetable vendor was returning home around midnight along with his friends with his vegetable push-cart. They stopped at the Rohini Jail traffic light for crossing the road and while waiting for the signal to turn green, a truck bearing no. UP-12B-0237 being driven in a rash and negligent manner crushed the deceased under its wheels and crashed into another vehicle i.e. model-TATA 407 bearing no. DL-1LG-0450. Jagan Lal was taken to Babu Jagjivan Ram Memorial Hospital, Jahangir Puri, Delhi where the doctors declared him dead on arrival. The deceased was survived by his wife and two daughters and two sons. One of the daughters, Ms. Suman, passed away during the pendency of the proceedings before the Tribunal.

2. The death of the deceased due to the insured vehicle being driven rashly and negligently was established on the basis of the FIR, post-mortem report, the evidence on record, particularly the evidence of an eye-witness Mr. Vinod Kumar, who was returning home alongwith the deceased.

3. The claimants sought compensation on the basis that the deceased was earning about Rs. 8,000/-pe