SHIVINDER KAUR Vs. SONU KUMAR

JUDGEMENT

(1.) BY this single judgment, I shall dispose of FAO No. 5316 of 2011 titled as Gurbaj Singh now deceased through his legal heirs Mrs. Shivinder Kaur and another Versus Sonu Kumar and others and FAO No. 5317 of 2011 titled as Mrs. Raj Rani and another Versus Sonu Kumar and others, filed by the claimants for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Chandigarh (in short 'the Tribunal'), vide award dated 4.5.2011.

(2.) BRIEF facts of the case are that on the night intervening 17/18.9.2008, at about 1:50 AM, Pardeep Kumar Kamboj alongwith Gurbaj Singh, while travelling on a motorcycle, driven by one Jagtar Singh, was going from Sector -22, Chandigarh, towards Piccadily Chowk. The motorcycle was at slow speed on the left hand side of the road. When the motorcycle reached Aroma Lights and was taking right turn towards Piccadily Chowk and had completed the turn and was on left side, then a Tata Spacio bearing registration No. CH -02 -T -1801 came at a fast speed from the Chowk of Sector -17 - 18 -21 and 22 i.e. Bus Stand Chowk and struck against the motorcycle. After hitting the motorcycle, the Tata Spacio struck against the divider and electric pole and stopped. The driver of the offending vehicle left the vehicle at the spot and fled away from the spot. The injured were removed to the hospital where Jagtar Singh (non -claimant) died due to injuries, whereas Pardeep Kumar Kamboj died on 2.11.2008. Gurbaj Singh, who was injured at that time, also filed claim petition seeking compensation to the tune of Rs. 50,00,000/ - on account of injuries received by him. The driver and the owner denied the accident, whereas the insurance company took the usual pleas.

(3.) THE Tribunal awarded a sum of Rs. 5,74,500/ - in MACT No. 000402 of 5.10.2009 titled as Raj Rani and another Versus Sonu Kumar and others, pertaining to the death of Pardeep Kumar Kamboj. The Tribunal also awarded Rs. 13,16,900/ - in favour of Gurbaj Singh in MACT No. 000403 dated 15.10.2008 titled as Gurbaj Singh Versus Sonu Kumar and others alongwith interest @ 7.5% per annum from the date of filing the claim petitions till its realization was also awarded.