DARSHAN SINGH Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS order shall dispose of FAO Nos.3781 and 6210 of 2011 as well as Cross Objections No.31 CII of 2012, as they arise from the same Award of the Tribunal.

(2.) BRIEF facts are that on 24.11.2007, Darshan Singh, Balbir Singh, Darshan Singh, Harmel Singh and Gurbaksh Singh @ Bhola Singh (since deceased) left Kapal Mochan Fair in a tractor trolley, being driven by Darshan Singh, for their respective villages in the State of Punjab, and at about 7.30 pm, when they reached in the area of village Prithvi Ka Majra, District Yamuna Nagar, the offending bus, being driven by Ashok Kumar, hit the tractor trolley from opposite side, as a result of which all the occupants of the tractor trolley sustained injuries and Gurbaksh Singh @ Bhola succumbed to his injuries.

(3.) FAO No.3781 of 2011 has been filed by the injured -claimant Darshan Singh for enhancement of compensation, FAO No.6210 of 2011 has been filed by the owner of the offending vehicle against the Award of the Tribunal, and the Cross Objections have been filed by the claimants of deceased Gurbaksh Singh @ Bhola for enhancement of compensation.