ROOPWATI Vs. RAM KISHAN

JUDGEMENT

(1.) This appeal is of the claimants, which arises out of the Impugned Judgment dtd. 26/9/2018 by the High Court of Punjab and Haryana at Chandigarh in an appeal against the order of Motor Accident Claims Tribunal (for short, the "Tribunal") dtd. 13/5/2013.

(2.) The accident occurred on 22/11/2010 when the deceased Hari Ram was riding on a three-wheeler with his brother Dev Prasad from Mitrol to Palwal, Haryana. The vehicle was being driven by respondent no. 1, i.e., Ram Kishan and was insured with respondent no. 3 (IFFCO TOKIO General Insurance Company LTD.). During the journey an accident occurred and the vehicle was toppled which resulted in grievous injuries to the body of Hari Ram. He was taken to the hospital but he succumbed to his injuries on the very next day on 23/11/2010. The claim petition was filed on his behalf by his wife, his son and his mother. The Tribunal was of the opinion that the accident did occur due to the rash and negligent driving by driver of the three-wheeler. The vehicle was insured with respondent no. 3 insurance company and the liability was fixed on the insurance company by the Tribunal. The award was made on the following: -

(3.) The matter was taken in appeal by the High Court which after considering the submissions of the Ram Kishan and respondent no. 3 awarded them increased compensation on the opinion that the multiplier should have been thirteen instead of nine and the Tribunal was wrong in not granting any amount towards the future prospects.