SATPAL SINGH Vs. KAILASH CHAND

JUDGEMENT

(1.) This order of mine shall dispose of aforementioned two appeals bearing FAO No.9219 of 2014 and FAO No.9220 of 2014 preferred by the claimants in respect of the same accident and which claim petitions were disposed of by a common award dated 04.07.2014 whereby an amount of 11,89,250/- was granted as compensation to Satpal and an amount of 6,15,831/- was granted to Mukesh along with 7% interest per annum from the date of filing of claim petition till the date of realisation. Dissatisfied with the amounts awarded as compensation, the present appeals have been preferred.

(2.) In brief, the facts relevant to the present case are that on 31.05.2012 at about 11.15 P.M. the appellants Satpal and Mukesh were standing on the service lane of National Highways-8, near T-Point of TCI Company opposite of Joniwas cut. In the meantime, driver of trailer bearing registration No. KA-42-6845 came from Dharuhera side in a rash and negligent manner while driving at a very high speed and abruptly took a turn towards the right side without any horn or signal and struck against Satpal, Mukesh and one Kuldeep. Kuldeep is stated to have died on the spot while Mukesh and Satpal were taken to hospital.

(3.) The claimant Satpal remained admitted in the hospital from 01.06.2012 to 08.06.2012 in Park Hospital, Gurgaon, and from 08.06.2012 to 17.06.2012 and then from 20.06.2012 to 02.07.2012 and again from 07.07.2012 to 19.07.2012 in Aarvy Hospital and thereafter from 25.07.2012 to 06.08.2012 in J.P. Trauma Centre, Delhi and from 25.08.2012 to 08.09.2012 at Mirpur, M.S. Institute, Rewari, and is stated to have spent about 5 lakhs on treatment. He was stated to be still under treatment and had to undergo number of surgeries and, at the time of filing of the petition, two surgeries were still stated to be due.