SUMAN LATA Vs. RAM SINGH

JUDGEMENT

(1.) THE present appeal filed by appellants -claimants and cross objection filed by owner of the offending vehicle i.e. No. HR -37 -9694.

(2.) RELEVANT facts that Ram Pal Singh, aged about 40 years, met with motor accident on 03.11.2000, while he was going on scooter No.HR -03C -7186. Three wheeler bearing registration No.HR -37 -969, which was being driven by respondent No.1 in rash and negligent manner came from opposite side and struck against the scooter by 7he died on 04.11.2000. Claimants claimed compensation to the tune of Rs. 20 lacs. Respondents contested the claim petition on all accounts. 'The Tribunal' after appreciating the evidence, passed award of Rs. 3,10,000/ -, making the insurance company liable to make the payment of award at the first instance and insurance company also given rights to recover the amount from owner of the offending vehicle. Being aggrieved by quantum of compensation awarded by 'The Tribunal', the claimants are in appeal and owner of offending vehicle has filed a cross objection petition against the recovery rights.

(3.) MR . Atul Gaur, Advocate for Mr. Sameer Rathore, Advocate, learned counsel for the appellant took the plea that Ram Pal Singh was of the age of 40 years and working as security guard. He was getting salary of Rs. 2,500/ - per month. Apart from that, he was getting family pension of Rs. 2,500/ -. 'The Tribunal' has not added the amount of pension income in his income, while determining the amount of compensation. Apart from that, 'The Tribunal' has not awarded the minimum amount on account of consortium though one of the claimant is widow of Ram Pal Singh and funeral expenses and love and affection to the minor children and father of the deceased.