LAWS(P&H)-2023-12-80

HARDEEP KAUR Vs. NARINDER KUMAR

Decided On December 19, 2023
HARDEEP KAUR Appellant
V/S
NARINDER KUMAR Respondents

JUDGEMENT

(1.) The present appeal has been filed by the appellants/petitioners/claimants (hereinafter referred as claimants) in MACP/21/2019 dtd. 29/1/2019 for modification of award dtd. 6/9/2019, passed by Ld. Motor Accident Claims Tribunal, Sangrur (hereinafter referred to as 'Ld. Tribunal') by way of seeking enhancement of amount of compensation, on account of death of 'Parvinder Singh' in a motor vehicular accident.

(2.) Claimants in the MACP/21/2019 were Smt. Hardeep Kaur(wife of deceased Parvinder Singh), Sukhjot Singh and Simranjot Singh (minor sons of deceased Parvinder Singh) and, Kulwant Kaur (mother of deceased Parvinder Singh ).

(3.) Briefly stated facts of the case are that on 12/10/2018, Parvinder Singh (deceased) along with Sesmani (Employee) had gone to Kup Kalan, on a motorcycle bearing Registration No. PB-19H-0104. They met one Jaspal Singh and all of three had talk inter se and after that, all three persons headed towards village Akbarpur Channa, on their respective vehicles. Deceased was driving the motorcycle whereas Sesmani was pillion-rider and said Jaspal Singh followed them on his car at a distance of about 50 yards. At about 04:20 pm, when they reached in the middle of Kup Khurd and Phallewal , then a offending bus bearing Registration No. PB-13U-9371 being driven by Respondent No. 1 came from behind at very high speed and after crossing the car of jaspal singh, struck against the motor cycle of deceased from back side, due to which, Sesmani fell down and Parvinder Singh (deceased) sustained multiple grievous injuries and he was taken to Civil Hospital, Ahmedgarh and was declared to be in critical stage and thereafter, was taken to Malerkotla, where he was declared brought dead. For the said accident, FIR No.83 dtd. 13/10/2018 was registered under Sec. 279,337,427,and 304-A IPC at P.S Sadar Ahmedgarh.