ROSHAN LAL BANSAL Vs. MAN SINGH

JUDGEMENT

(1.) The present application has been filed by the applicant for permission to amend the grounds of appeal on the ground that it is the Insurance Company who is liable to pay the compensation.

(2.) On 10.07.2009, Vinod was going with his friends in a car bearing registration No. HR-06M-1205 (Make Indica) and when they reached near village Machroli, at G.T. Road, Panipat then the offending vehicle i.e. truck bearing registration No. HR-37-7595 which was going ahead of car applied brake at once and due to this, the car driven by Vinod came under the truck from behind. Due to this, Jawalkar died at the spot, Anand Bansal also died later on and Vinod suffered multiple and grievous injuries. The truck was being driven by Mann Singh and F.I.R. No. 273 dated 10.07.2009 279/337/304-A IPC was registered at P.S. Samalkha.

(3.) Before the learned Tribunal, three separate claim petitions were filed, one by claimant-Vinod and two others were filed on account of death of Anand Bansal and Jawalkar. The learned Tribunal admitted the factum of accident, being caused by Mann Singh, as he was driving the truck in a rash and negligent manner. The learned Tribunal awarded the compensation in all the three petitions. Before this Court, the claim petition for enhancement of the compensation has been filed by Roshan Lal Bansal and another, on account of death of their son. The learned Tribunal while granting compensation to the claimant-Roshan Lal Bansal took the salary of the deceased (20 years) at Rs. 10,000/- and deducted 50%. The annual dependency came at Rs. 60,000/- and applied the multiplier of 9 by taking in to the age of the claimants and awarded Rs. 10,000/- towards loss of estate and Rs. 10,000/- towards cost of funeral expenses. The total compensation of Rs. 5,60,000/- has been awarded.