KRISHANA Vs. RAJINDER KUMAR

JUDGEMENT

(1.) THIS judgment will dispose of FAO No. 671 of 1989 (Smt. Krishna and Ors. v. Rajinder Kumar and Ors. ,) and FAO No. 684 of 1989 (The New India Assurance Co. Ltd. v. Smt. Krishna and Ors.) which have arisen out of the common award of the Motor Accident Claims Tribunal, Kurukshetra dated 12. 1. 1989 which in a claim, petition filed under Section 110-A of the Motor Vehicles Act, had awarded a sum of Rs. 4,42,680/- with 12% PA interest as compensation on account of the death of Ram Bhagat Singh who died in a road accident on 9. 8. 1989. For the purpose of judgment, the facts have been taken from FAO No. 671 of 1989.

(2.) THE brief facts which led to the filing of these two appeals are that on 9. 8. 1987, Ram Bhagat Singh, Ram Dayal Jindal and Dr. A. R. Rao were travelling in Maruti Van No. DBY-707 from Hissar to Chandigarh. The Van was driven by Umed Singh, respondent No. 2 which was owned by Rajinder Kumar, respondent No. 1. The driver was plying the Van at a very fast speed. At a little distance from Kaithal on Pehowa-Kaithal road, the driver of the Van lost its control. As a result thereof, the Van swerved from the road and hit against a kikkar tree and Ram Bhagat and Ram Dayal Jindal died at the spot whereas Dr. A. R. Rao sustained serious injuries.

(3.) AGAINST the said award, two appeals have been preferred, one by the claimants i. e. Smt. Krishna and others for enhancement of the compensation and another by the New India Assurance Company for setting aside the impugned award.