ARCHANA SHARMA Vs. KARAM SINGH

JUDGEMENT

(1.) THIS appeal has been filed by Archana Sharma and Rishi Sharma -appellants/claimants for enhancement of compensation against Karam Singh -Driver of motorcycle No.PB -03H -5499, United India Insurance Company Limited and Hav. Bagicha Singh challenging the impugned award dated 7.1.2012 passed by the Motor Accident Claims Tribunal, Ferozepur (hereinafter referred to as 'the Tribunal'), vide which an award of Rs. 6,48,000/ - along with interest @6% per annum from the date of filing of the claim petition till its actual realization has been passed.

(2.) THE brief facts of the case are that claimants -Archana Sharma (wife) and Rishi Sharma (minor son) of deceased Ashwani Kumar Sharma have filed the claim petition against Karam Singh, United India Insurance Company Limited and Hav. Bagicha Singh -respondents under Sections 166 and 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') for grant of compensation on account of death of Ashwani Kumar Sharma, who died in a road side accident occurred on 3.5.2010 at about 9.30 p.m. ahead of Canal Rest House, Ferozepur Cantt.

(3.) IT is mainly the case of the claimants that on 3.5.2010 at about 9.30 p.m. HC Ashwani Kumar Sharma was coming to his house on a scooter from Canal Colony, Ferozepur after getting his money back from some one and his wife Archana Sharma along with Amit Kumar son of her brother -inlaw were following him on a motorcycle. Ashwani Kumar was driving the scooter on a very moderate speed. At about 9.30 p.m., when Ashwani Kumar Sharma reached near Canal Rest House, Ferozepur Cantt., a motorcycle bearing registration No.PB -03H -5499 (hereinafter referred to as 'the offending vehicle') came from its front side, which was being driven by respondent No.1 -Karam Singh on a very high speed, in a very rash and negligent manner and struck with the scooter of Ashwani Kumar Sharma, due to which Ashwani Kumar Sharma fell on the road along with his scooter and became unconscious due to sustaining injuries. On hearing sound of accident, many people gathered there and the motorcyclist, whose name was disclosed later on as Karam Singh, fled away from the spot. Claimant No.1 took her husband in unconscious condition with the help of Amit Kumar to Frances Newton Mission Hospital, Ferozepur, from where after giving first aid, he was shifted to D.M.C. Hospital at Ludhiana, where he remained admitted w.e.f. 3.5.2010 to 31.5.2010 and an amount of Rs. 3,00,000/ - approximately was spent on his treatment. Ashwani Kumar Sharma succumbed to his injuries on 31.5.2010 at D.M.C., Ludhiana. They prayed for the award of compensation of Rs. 40,00,000/ - . FIR was registered on the statement of claimant No.1 against respondent No.1. Respondent No.1 in the written statement mainly stated that the answering respondent is not the owner of motorcycle. On merit, all the averments including the accident had been denied. Respondent No.2 - Insurance Company had taken the plea that the application has been filed by the complainant in collusion with the owner of the vehicle in question. Respondent No.3 has also filed separate written statement taking the similar pleas as have been taken by respondent No.1.