KARAN Vs. RAJU & OTHERS

JUDGEMENT

(1.) This judgment shall dispose of afore mentioned three appeals because all of them have arisen out of common Award dated December 15th, 2009 passed by the Motor Accident Claims Tribunal (for short "the Tribunal"), Ambala. The facts are these:-On August 11th, 2007 Karan aged 3 years, Salochana (both injured) and Kamla (deceased) along with their family members were going in a three wheeler bearing No. HR-37-A-8417 from Arunai temple, Pehowa to their village Ameu, District Ambala. The three wheeler was being driven by Rakesh Kumar at a slow speed. When they reached near village Saini Majra, a canter bearing No. HR-61-4962 driven by Raju in a rash and negligent manner came from opposite direction at a fast speed and struck against the three wheeler. The three wheeler turned turtle and the canter fell in the ditches. Karan and Salochna suffered injuries. Kamla died.

(2.) Karan, Salochana and the legal heirs of Kamla filed claim applications before the Tribunal. It was pleaded that Karan suffered fracture of Tibia of left leg. Salochana suffered fracture of both bones of right leg and fracture of 5th rib of right side.

(3.) The legal heirs of Kamla pleaded that she was 58 years old. She was a pensioner. The legal heirs of the deceased are her sons and daughters who are in their 40s and are married.