ASHWANI KUMAR BHANDARI Vs. DARSHNA

JUDGEMENT

(1.) Vide this judgment, I intend to dispose of two appeals bearing F.A.O. No. 33 of 2010 preferred by the claimants for enhancement and F.A.O. No. 5833 of 2009 preferred by the owner of the offending vehicle for dismissal of the claim petition.

(2.) Shorn of unnecessary details, Dar-shna-mother, Hussan Chand-father and Annu-sister of Bharat Bhushan-deceased, have preferred the claim application on account of his death on 14.11.2007, in a motor accident.

(3.) As per the case of the claimants, on 14.11.2007, at about 8 a.m., Bharat Bhu-shan was going to Pharmacy Department driving his motor cycle bearing registration No. CH 03-Y 0458. When he reached near the Hostel No. 4, Panjab University, Sector 14, Chandigarh, in the meantime, car No. CH 03-K 5429 being driven by Ashwani Kumar Bhandari, respondent No. 1, came from the side of Hostel No. 7 of Panjab University, Sector 14, Chandigarh, in a rash and negligent manner without blowing any horn and hit Bharat Bhushan. As a result, he received multiple injuries on the vital parts of his body. He was taken to Government Hospital, Sector 16, Chandigarh, from where he was referred to PGI and ultimately he succumbed to his injuries on 30.11.2007. Claimants have claimed an amount of Rs. 15,00,000 along with interest. It is alleged that deceased was aged 19 years on the date of death. He was a student of 3rd year B. Pharmacy, Panjab University, Chandigarh and was enjoying a good health. He was the only son of his parents. He was very intelligent and remained 1st class throughout his academic career.