GANESH Vs. BAJAJ ALLIANZ GENERAL INSURANCE CO LTD

JUDGEMENT

(1.) The above mentioned two appeals have been directed by the heirs of Vijay Pal, driver and owner of tractor No. HR-30B-0753 [hereinafter referred to as "the offending vehicle"] against the common award dated 13.12.2010 passed by learned Motor Accidents Claims Tribunal, Palwal (for short, "the Tribunal"). One claim petition had been brought by Mano Devi and others for compensation on the death of Man Singh, husband of Mano Devi and the other claim petition had been brought by Mano Devi herself for the injuries she suffered in the accident. The claim, as set up in these petitions, is as under: On 9.3.2007, at about 6.00 PM, Mano Devi alongwith her husband Man Singh was there in front of her house at village Lohagarh on Rasulpur road. In the meanwhile, the offending vehicle came from the side of Palwal. It was driven by respondent No. 1. The said tractor had hit the claimant and her husband, who were standing on the kacha portion of the road in front of their house. The offending vehicle ran over Man Singh who died at the spot. Mano Devi suffered injuries including fractures in her right leg, hip joint and ribs. She was taken to General Hospital, Palwal and her medico legal examination was conducted.

(2.) Mano Devi spent Rs. 20,000/- in her treatment. She is claimed to be still under treatment. She was engaged as attendant at monthly salary of Rs. 1,500/- and she was doing labour work and earning Rs. 4,000/- per month. Man Singh is said to have been of the age of 60 years and earning Rs. 7,000/- per month by selling milk and dealing in the business of buffaloes. A sum of Rs. 20,000/- is claimed to have been spent on the last rites of the deceased.

(3.) The aforesaid averments have been denied by the respondents.