CHANCHALA DEVI Vs. BALESHWAR YADAV AND OTHERS

JUDGEMENT

(1.) This order shall dispose of aforementioned appeals as these have emerged out of award dated 11.04.2012 passed by the Motor Accident Claims Tribunal, Fatehgarh Sahib (for brevity, 'the Tribunal') in regard to assessing compensation qua death of Vishal Dutt, Kamal Sharma and Vikas Arora in the same accident due to rash and negligent driving of Truck Trolla bearing registration No. MH 06-AQ 1142 by Baleshwar Yadav, its driver. FAO Nos. 5212-5214 of 2012 have been preferred by the Oriental Insurance Company Limited (in short, 'the insurance company') to challenge the awards in regard to factum of negligence and entitlement of the insurance company to recover compensation after discharging liability qua the claimants.

(2.) FAO No. 3938 of 2012 has been filed by Chanchala Devi seeking enhancement of compensation in regard to death of her son Kamal Sharma in the aforesaid accident whereas FAO No. 3939 of 2012 has been filed by Namrata Arora and others for enhancement of compensation assessed in regard to death of Vikas Arora.

(3.) The facts relevant for disposal of the present appeals are that on 20.11.2009, Vishal Dutt, Vikas Arora, Kamal Sharma (since deceased), Gotam, Raj Kumar, Vinod Kumar, Parveen, Amar Singh and Vikash Chander were going in Innova Car bearing No. PB-12 CP 1264 from Chandigarh to Ludhiana driven by Vishal Dutt. When they reached near Radha Swami Sat Sang Bhawan, Lakhanpur on Chandigarh - Ludhiana road at about 12.15 am (mid night), Truck Trolla bearing No. MH-06-AQ-1142 came from the front side driven in a rash and negligent manner and struck into the innova vehicle. Vishal Dutt, Vikas Arora and Kamal Sharma sustained grievous injuries and died on the spot.