LAXMI Vs. GURMAIL SINGH

JUDGEMENT

(1.) LEARNED counsel for the parties have been heard.

(2.) THIS appeal is preferred against the award dated 4.6.2003 passed by Motor Accident Claims Tribunal (Tribunal for short), Kurukshetra, whereby the present appellants were granted compensation to the tune of Rs.1,35,200/ - for the death of Chander Pal, who was husband of appellant No.1 and father of other appellants. The appellants have prayed for enhancement of the compensation amount.

(3.) THOUGH the name Chander Pal is not given by the Tribunal while recording the facts of the case, it is clear from the grounds of appeal that he was the maternal grand -father of Pankaj who had died along with his grand -son i.e. Pankaj. The facts given by the Tribunal will, therefore, be read accordingly showing that on 16.2.2001, Pankaj along with deceased was going to Bhagwan Nagar, Pipli on moped bearing No.HR -07C -4440, which was being driven by Chander Pal. At about 10.30 a.m., when they reached near Geeta Dawara, respondent No.1 came from behind driving tractor No.HR -37 -8079 in a rash and negligent manner and struck against the moped. Chander Pal and Pankaj, both fell down. The former died at the spot while the latter succumbed to his injuries in PGI, Chandigarh. The age of the deceased was given as 59 years and his income as Rs.6000/ - per month