BALBIR SINGH Vs. KRISHAN LAL

JUDGEMENT

(1.) THESE are two appeals preferred by the claimants seeking enhancement of compensation against the award dated 07.04.2009 passed by the Motor Accident Claims Tribunal, Karnal, relating to an accident which occurred on 04.09.2004 leading to the death of both the motor cycle riders.

(2.) CROSS objections has also been filed by the respondent No.2 Insurance Company in FAO No.5565 of 2009.

(3.) A brief reference to the crucial facts would be apposite. Two claim petitions were filed under Section 163 -A of the Motor Vehicle Act. There was an accident which involved the collision of a truck bearing registration No.HRD - 4615 and a motorcycle bearing registration No.HR -05M -9610. On 04.09.2004 at about 8:00 A.M., Harpal Singh @ Pali along with his brother Sube Singh were proceeding on a motorcycle and had reached near the Government College, Karnal, when the truck came from the behind and caused the accident and fled from the spot. The claimants specifically pleaded that the accident took place on account of negligence of the truck driver and regarding it a FIR case bearing No.310 dated 04.09.2004 under Sections 279/304 -A IPC in Police Station Civil Lines Karnal had been lodged on the same day. It would be pertinent to mention here itself that the claimants had also impleaded the owner and driver of the truck who controverted the allegations.