MOHINDER KAUR Vs. BRIJ LAL ARORA

JUDGEMENT

(1.) Leave Granted.

(2.) The present appeal has been preferred by the Appellant- Claimant challenging the order dtd. 5/9/2018 (hereinafter referred to as "Impugned Order") passed in FAO-2335-2003 (O&M) by the High Court of Punjab and Haryana at Chandigarh (hereinafter referred to as "the High Court") wherein the High Court partly allowed the appeal, and modified the Award dtd. 19/4/2003 passed by the Motor Accident Claims Tribunal, Hoshiarpur (hereinafter referred to as "Tribunal") in MACT Case No. 81 of 7/8/2001/3/6/2002 (hereinafter referred to as "Award"), by enhancing the compensation awarded to the Appellant-Claimant by Rs.11,21,000.00, thereby granting the total compensation of Rs.13,44,000.00 as against Rs.2,23,000.00 awarded by the Tribunal.

(3.) On 28/5/2000, Karan Pal Singh (hereinafter referred to as "deceased "), an Engineering student aged 22 years at the time of the incident, was going on his motorcycle No. PB-21-8715 Kawasaki Bajaj towards his college, alongwith Parveen Sharma, his classmate (hereinafter referred as "pillion rider") on Delhi- Mathura road, and when they reached at the turning of Ajahi at about 10.30 AM and were waiting in the gap of the road towards the college, the offending truck No. HR-38-E-1625 being driven by Respondent No. 2 in a rash and negligent manner, came from the Delhi side at a fast speed, and hit the motorcyclists, causing severe injuries, while also damaging the motorcycle. The injured were taken to Maheshwari Hospital for treatment and the deceased was referred to Agra for further treatment, where he succumbed to his injuries. The owner of the offending truck is Respondent No. 1 and the truck was insured with Respondent No. 3.