SUMITRA DEVI Vs. RAM PHAL AND OTHERS

JUDGEMENT

(1.) By this common judgment, I will dispose of FAO No. 4307 of 2004 titled as Sumitra Devi Versus Ram Phal and others and FAO No. 4308 of 2004, titled as Smt. Sumitra Devi Versus Ram Phal and others, filed by the claimant/appellant against the award dated 3.8.2004, passed by the Motor Accident Claims Tribunal, Panipat (in short 'the Tribunal'), who happens to be the mother of deceased Vinod Kumar and widow of deceased Ram Karan @ Ram Karan Dass, seeking enhancement of compensation.

(2.) Claim Petition No. 4 of 2002 was filed by Smt. Garima @ Renu widow of Vinod Kumar, her two minor children, namely, Subhi (daughter) and Hardik (son) and Sumitra Devi, mother of the deceased. The second Claim Petition No. 5 of 2002 was filed by Sumitra Devi widow of Ram Karan @ Ram Karan Dass. It was stated that Vinod Kumar was 28 years of age. His monthly income was Rs. 1,15,000/-. In the second claim petition, it was claimed that Ram Karan @ Ram Karan Dass was 53 years of age and his monthly income was Rs. 35,000/-. Respondent No. 1 (driver) did not appear before the Tribunal and he was proceeded against ex-parte, whereas the owner (respondent No. 2) admitted the accident, but pleaded that it was because of the negligent driving of Vinod Kumar, driver of Maruti car. The insurance company took the plea that it was head on collision between the car and TATA 407 and it is a case of contributory negligence.

(3.) From the pleadings, following issues were framed :-