JAGIR KAUR Vs. BALJINDER SINGH

JUDGEMENT

(1.) THIS appeal has been filed by claimants Jagir Kaur, Anita and Barjesh for enhancement of compensation against Baljinder Singh -Driver, Sohan Singh -owner and New India Insurance Company Limited -insurer of offending vehicle No.PB -07 -K -7746 and Monika, Harjit Kaur and Resham Kaur -respondents challenging the impugned award dated 7.9.2013 passed by the Motor Accident Claims Tribunal, Hoshiarpur (hereinafter referred to as 'the Tribunal'), vide which an award of Rs. 3,00,000/ - along with interest @6% per annum from the date of filing of the claim petition till its actual realization has been passed.

(2.) THE brief facts of the case are that claimants -Jagir Kaur (wife), Anita (daughter) and Barjesh (son) of Balwinder Singh Virdi (since deceased) filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') for grant of compensation against Baljinder Singh -Driver of vehicle No.PB -07K -7746 (hereinafter referred to as 'the offending vehicle'), Sohan Singh -owner and New India Insurance Company Limited -insurer of the offending vehicle and Mrs. Monika, Harjit Kaur and Resham Kaur -respondents for grant of compensation to the tune of Rs. 20 Lacs on account of death of Balwinder Singh alias Balwinder Virdi in a road side accident. As per the case of the claimants on 6.8.2011 at about 7.15 p.m. claimant No.1 along with her husband Shri Balwinder Singh Virdi alias Balwinder Virdi (since deceased) were coming to their house at Mohalla Saroop Nagar from vegetable market on scooter No.PB - 08 -AX -7859 after the purchase of vegetables. Claimant No.1 was sitting on pillion seat whereas her husband was plying/driving the scooter. When they reached near the Officer Colony Spinning Mills, Hoshiarpur, an Alto car came in a very high speed being driven by its driver in a rash and negligent manner and while overtaking another vehicle, it struck their scooter. The claimant and her husband fell on the road. Balwinder Virdi suffered multiple injuries, whereas claimant also suffered injuries on her person.

(3.) MANY people gathered at the place of occurrence. The claimant and her husband were shifted to the hospital. Balwinder Virdi was referred to another hospital for better treatment. Balwinder Virdi succumbed to the injuries suffered by him in the said accident. FIR No.97 dated 7.8.2011 was got registered at Police Station Model Town, Hoshiarpur. The deceased was 47 years of age having very good health and Carpenter by profession. He was doing job of Carpenter at UAE and returned from there for marriage of his daughter and was likely to go back on 9.8.2011. Claimants No.2 and 3 are still students, whereas claimant No.1 is household lady.