NEENA ALIAS PARVEENA DEVI Vs. PALA RAM

JUDGEMENT

(1.) By this single judgment, this Court shall dispose of the aforementioned three appeals i.e FAO No. 1210 of 2011 Neena alias Parveena Devi & others v. Pala Ram & others; FAO No. 6951 of 2010 Joginder alias Sandeep v. Pala Ram & others; and FAO No. 2375 of 2011 Sat Pal v. Pala Ram & Others having been arisen out of the same accident that took place on 28.6.2008. The appellants have preferred these appeals for enhancement of compensation amount awarded by the learned Motor Accident Claims Tribunal, Karnal on 8.6.2010 on account of death of Ram Dia and injuries sustained by Joginder in a vehicular accident that took place on 28.6.2008. FAO No. 2375 of 2011 preferred by the claimant Sat Pal owner of the motor cycle bearing registration No. HR-40B-2251, being driven by deceased Ram Dia at the time of the accident, seeking enhancement of compensation awarded by the learned Tribunal on account of damage caused to the motor cycle.

(2.) Brief facts of the case are that on 28.6.2008, Joginder along with uncle Ram Dia had left Hindustan Spinning Mills situated on G.T. Road near Madhuban HAP Complex, Karnal on motorcycle bearing registration No. HR-40B-2251 being driven by deceased Ram Dia. When they reached near HAP complex, a tractor bearing registration No. HR-05F-3709 being driven by Pala Ram in a rash and negligent manner hit against the motor cycle of deceased Ram Dia. Consequently, Joginder and Ram Dia received serious injuries. Ram Dia, the injured was removed to General Hospital Karnal, being his critical condition, where he succumbed to his injuries.

(3.) The claimants-appellants preferred claim petitions bearing MACT Case No. 136 of 2009 Joginder alias Sandeep v. Pala Ram & others; MACT Case No. 137 of 2009 Neena alias Parveena Devi & others v. Pala Ram & others; before the Motor accident Claims Tribunal Karnal, which was decided by the learned Tribunal on 8.6.2010 awarding Rs. 38,082/- and 8,84,000/- on account of injuries sustained by Joginder and death of Ram Dia respectively in a vehicular accident that took place on 28.6.2008. MACT Case No. 138 of 2009 Sat Pal v. Pala Ram & others preferred by the claimant Sat Pal, who is the owner of the motor cycle bearing registration No. HR-40B-2251, being driven by Ram Dia at the time of the accident, seeking compensation on account of damage caused to the motor cycle in which the learned Tribunal awarded compensation to the tune of Rs. 12,000 in favour of the claimant-appellant Sat pal.