JASBIR KAUR Vs. RAMESH KUMAR

JUDGEMENT

(1.) THE present appeal i.e. FAO No. 2779 of 1996 has been preferred by the claimant -appellant, seeking enhancement of the amount of compensation against the impugned award dated 05.08.1996, passed by the learned Motor Accident Claims Tribunal, Hoshiarpur (for short, 'the Tribunal') on account of death of Harjinder Singh in an accident involving Truck No. PB -07 -A/9899. Whereas, the second appeal i.e. FAO No. 113 of 1997 has been filed by the Insurance Company which is arising out of the same award and accident. Learned counsel for the appellant -Jasbir Kaur submits that the impugned order is liable to be modified on the sole ground that the deceased -Harjinder Singh left behind a huge family liability vis -a -vis young wife and their minor children of the tender age of 3 -1/2, 2 years and 7 months respectively in addition to the liability of old and ailing parents.

(2.) ON the other hand, the learned counsel for the respondent -Insurance Company has opposed the present appeal.

(3.) IT is evident from the record that respondent No. 1 -Ramesh was rash and negligent in driving the offending vehicle which caused the death of Harjinder Singh. The findings on issue No. 1 is affirmed.