SAT PAL Vs. NISHAN SINGH

JUDGEMENT

(1.) Both the above-captioned appeals are being taken up together for discussion and adjudication as these have arisen out of the common Award passed by learned Motor Accident Claims Tribunal, Ambala (for short'the Tribunal') on 30/9/2000, whereby two claim petitions, one filed by appellant-claimant Satpal and the other one, as moved by him (Satpal), along-with the appellants-claimants namely Ram Piari, Beena Rani and Nisha Rani (all the appellants-claimants, here-in-after, to be referred as'the claimants') for seeking compensation on account of the death of Krishan and Ram Murti in a motor vehicular accident as well as another claim petition filed by injured Laxmi Devi, have been decided.

(2.) As per the brief factual-matrix culminating in the filing of the present appeals, on the ill-fated day, i.e 8/10/1998, said Ram Murti, along-with her minor son Krishan, the afore-named injured and one Nasib Singh, was travelling from Ambala City to her Village Godhapur on the Tractor bearing registration No.HYE-5689 and was sitting on its mud-guard while holding her above-said son in her lap and this Tractor was being driven at a moderate speed, on the correct side on the road. When they reached near Village Mehmadpur, a Truck having registration No.HR-37-2848 (for short'the offending vehicle'), came from the back side and it was being driven by respondent No.1 in a rash and negligent manner at a very high speed and it hit the said Tractor. All the afore-named persons suffered multiple injuries in this accident and Ram Murti and her son Krishan succumbed to their injuries at the spot. In FAO No.2456 of 2001, appellant-claimant Satpal is the unfortunate father of deceased Krishan and FAO No.2458 of 2001 pertains to the death of Ram Murti, who was his (Satpal's) wife and the mother of the remaining appellants-claimants.

(3.) Respondents No.1 and 2, the respective driver and owner of the offending vehicle, filed their joint written statement whereas respondent No.3, the insurer of the said vehicle, filed its separate written statement contesting the claim, as canvassed by the claimants in their petitions, on several grounds. Then, the Tribunal put the parties to the trial by framing the issues on 23/8/1999 and after appreciating and evaluating the evidence as led by the parties on the record and hearing their counsel, the Tribunal passed the impugned Award, granting a sum of Rs.75,000.00 to claimant Satpal as compensation on account of the death of his minor son Krishan and awarding the amount of Rs.2,71,200.00 to the claimants in the second petition, as compensation for the death of Ram Murti and both the instant appeals have been preferred by the claimants for seeking the enhancement of the amount of compensation.