PRAMOD SHARMA Vs. GURUPREET SINGH

JUDGEMENT

(1.) THIS order shall also govern disposal of M.A. No. 1401 of 2000, Dr. Pramod Sharma and Ors. v. Gurupreet Singh and Ors. as both appeals arise out of the common award passed by the 7th Motor Accident Claims Tribunal, Indore on 15th September, 2000.

(2.) KU . Ruchi and Ku. Prachi, aged about 18 and 17 years, respectively and real sisters, lost their lives in a motor road accident on 15.12.2000 while they were going on Kinetic Honda scooter to their school. They met their tragic end at A.B. Road crossing near Shivaji statue when the respondent No. 2, driver of the truck bearing registration No. MP-09-B-5979 came from behind and hit the scooter. The front wheel of the truck dragged the scooter and both the girls to a distance of 50 to 60 ft. and on account of the impact both girls died on the spot. At the time of the accident the girls were prosecuting their studies of 12th Class in St. Raphels Convent. The FIR (Ex. P7) was lodged by Rajju (P.W. 4) an eye witness to the accident.

(3.) THE finding of the Tribunal that respondent No. 2 was responsible for causing the accident was not assailed before us. It is also not disputed that at the relevant time the offending truck was insured with respondent No. 3. Appellants are before us in appeal for enhancement of the amount of compensation awarded by the Tribunal.