RAMESH Vs. GULABO

JUDGEMENT

(1.) Out of the above mentioned two appeals, FAO No. 290 of 2012 is brought by the driver-cum-owner of the offending vehicle against the award dated 1.6.2011 passed by Learned Motor Accidents Claims Tribunal, Sonepat (for short, "the Tribunal") vide which payment of 50% of the award money is held to be the responsibility of the appellant while the remaining 50% is held to be joint and several responsibility of the appellant and the insurance company. The other appeal, FAO No. 3389 of 2012, has been brought by the claimants seeking enhancement of compensation. Baljit died in a roadside accident that took place on 4.10.2009. His dependents, Smt. Gulabo and others filed a claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation in a sum of Rs. 25 lakhs. Vide the impugned award, learned Tribunal allowed the claim in a sum of Rs. 6 lakhs.

(2.) On 4.10.2009, Baljit, the deceased alongwith Dilbagh Singh was going on motorcycle No. HR-11C-4409. The motorcycle was driven by Dilbagh Singh and Baljit was riding its pillion. At about 10.30 PM, when they were near turning to village Tihar, a canter bearing registration No. HR-56-4428 driven by respondent. No. 1 at a very high speed came from the side of Gohana. The same had hit the motorcycle, as a result of which Baljit and Dilbagh Singh suffered multiple and grievous injuries. Baljit succumbed to his injuries.

(3.) Baljit was earning Rs. 15,000/- per month. He was contributing the entire amount to his family. The family was dependent upon him. Baljit was 34 years of age. For these facts, the claimants have sought a sum of Rs. 25 lakhs as compensation.