HARDHIAN SINGH Vs. CHIRANJI LAL

JUDGEMENT

(1.) By this order, I propose to dispose of the three connected appeals bearing F.A.O. Nos. 1346 to 1348 of 1999 as all these appeals arise from common impugned award rendered by the Motor Accidents Claims Tribunal, Narnaul, dated 6.2.1999.

(2.) Brief facts of the case reveal that on 10.3.1997, Murti along with her husband Chiranji Lal, Chander Bhan, Mahender, son of Chander Bhan and other passengers, was travelling in a Tempo bearing registration No. HR 35-8458 from Nangal Chaudhry for going to village Shahbajpur. The Tempo was being driven by Hardhian Singh, appellant herein, as per case of the claimants, in a rash and negligent and zigzag manner, as a result of which it went out of control and turned turtle. Murti Devi and Chander Bhan came underneath the body of Tempo. They were taken to Government Hospital at Kotputli in Rajasthan. Those, who received injuries, were taken to Primary Health Centre, Nangal Chaudhry. Chander Bhan injured, who was brought to General Hospital, Narnaul, it appears, died on the way to hospital. Murti Devi also subsequently succumbed to her injuries on 16.1.1998.

(3.) The aforesaid accident gave rise to three claim petitions. In Claim Petition No. 74 of 1997, titled as Murti Devi deceased now represented by her L.Rs. v. Hardhian Singh, it was averred that she suffered injuries in her spinal cord which was got broken in the accident, as a result of which, body of Murti Devi turned numb. She suffered injuries at the age of 30 and prior to the accident, she was doing the job of a labourer and was earning Rs. 300 per month. Later on, after a gap of nine months, she died. The claim petition was amended after her death and her legal representatives claimed compensation to the tune of Rs. 10,00,000. In Claim Petition No. 75 of 1997 titled as Chiranji Lal v. Hardhian, claimants Chiranji Lal, who suffered fracture in his left hand, claimed compensation at the rate of Rs. 5,000 per month. In Claim Petition No. 9 of 1998 Mewa Devi had claimed compensation to the tune of Rs. 10,00,000 on account of the death of Chander Bhan. All these petitions came to be decided by a common order rendered by learned Motor Accidents Claims Tribunal dated 6.2.1999.