SUNITA ALIAS KAVITA Vs. NISHAN SINGH

JUDGEMENT

(1.) BOTH the above -mentioned FAOs are taken up together for disposal being arisen from same Award.

(2.) FAO No.2178 of 2007 has been filed by appellantclaimant challenging the impugned Award dated 06.01.2007 passed by learned Motor Accident Claims Tribunal, Ambala (hereinafter referred to as 'Tribunal'), for enhancement of the compensation granted on the ground of injuries received by the claimant. FAO No.2182 of 2007 has been filed by appellantsclaimants challenging the above -said Award for enhancement of the compensation amount on the ground of death of Sandeep Kumar.

(3.) THE common facts of both the cases as stated in the claim petition filed by appellants -claimants against Nishan Singh, driver of truck bearing registration No.HR -37A -6634 (offending vehicle), Bahadur Singh, owner and National Insurance Company Ltd., Insurer of the offending vehicle, are that on 14.10.2004, Sandeep Kumar along with his wife Sunita alias Kavita (injured -claimant) and two children was coming to Ambala from Rajpura on his scooter bearing registration No.PAB -6591. He was driving the scooter on correct left side at a moderate speed. They were followed by Suresh Kumar and Pawan Kumar on separate motorcycle. At about 4.30 P.M., after covering distance of about 1 km., when they reached in the area of village Mehtabgarh, a truck bearing registration No.HR -37A -6634, being driven by Nishan Singh respondent in a rash and negligent manner, came from behind and hit the scooter driven by Sandeep Kumar on the extreme left side of road on kacha berm, as a result of which, all the occupants of the scooter fell down and sustained injuries. Sandeep Kumar succumbed to the injuries at the spot. The accident was also witnessed by Dina Nath and Prem Rattan who were following the scooter of Sandeep Kumar on their separate scooter.