LAWS(P&H)-2015-7-928

BALKARAN SINGH Vs. BAGICHA SINGH

Decided On July 28, 2015
BALKARAN SINGH Appellant
V/S
BAGICHA SINGH Respondents

JUDGEMENT

(1.) This appeal has been filed by Balkaran Singh and othersappellants/claimants against Bagicha Singh-Driver, Vikam Batria-owner and Cholamandlam MS General Insurance Company Ltd.-Insurer of truck bearing registration No.HR-57-2393 (hereinafter referred to as the offending truck') for enhancement of compensation amount of Rs. 2,85,000.00 awarded by the Motor Accident Claims Tribunal, Mansa vide award dated 7.5.2012.

(2.) The brief facts of the case are that Balkaran Singh-father, Hardeep Kaur-mother and Harpreet Kaur-sister of Surinder Singh alias Chudi (since deceased)-claimants filed claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') against Bagicha Singh-driver, Vikam Batria-owner and Cholamandlam MS General Insurance Company Limited-Insurer of the offending truck on account of the death of Surinder Singh alias Chudi in a motor vehicle accident caused by respondent No.1 by rash and negligent driving of the offending truck on 27.2.2011 at about 1.30p.m. It is also in the petition that Surinder Singh alias Chudi (since deceased) was about 18 years of age at the time of death and he was unmarried. He had five acres of agricultural land and he had taken two acres land on lease. He was also keeping 5-6 buffaloes and used to sell milk and from his sources of income, he was earning Rs. 14,500.00 per month.

(3.) The respondents appeared through counsel and contested this claim petition.