VEENA Vs. HARVINDAR SINGH

JUDGEMENT

(1.) The miscellaneous appeal No.2534/2014 by the claimants for enhancement of compensation and miscellaneous appeal No.107/2015 by the Insurance Company under section 173 of the Motor Vehicles Act, 1988 have been filed challenging the impugned award dated 08.10.2014 passed in claim case No.06/2014 by I Additional Motor Accidents Claims Tribunal, Neemuch. Regard being had to the similitude of the controversy involved in the aforesaid two appeals, they have been heard analogously and disposed of by this singular order. For the sake of convenience, the facts in M.A.No.2534/2014 have been dealt with.

(2.) Facts relevant and necessary for disposal of these appeals lie in narrow compass: deceased Gopal Khandelwal (husband of appellants No.1 and father of appellant No.2 and 3) on 17.05.2012 about 08:30 am going from Udaipur to Neemuch on Alto car bearing registration No.MP44- CA-0271, reached near Negadiya square, the offending truck with registration No.PB11-AR-8545 driven by respondent No.2, negligently and rashly dashed the Alto car, as a result, he suffered serious injuries. To provide immediate medical treatment, he was taken to GBH American Hospital, Udaipur and died during treatment.

(3.) Learned counsel for the claimants submits that at the time of incident, the deceased Gopal was aged about 68 years and was earning Rs.15,000/- by doing job in private sector. Because of the incident, he met untimely death. The family is reeling under most precarious financial constraints and also suffered the loss of love and affection of the deceased.