KRISHNA Vs. RAMESHWAR

JUDGEMENT

(1.) This order shall dispose off both the above-noted appeals filed by the claimants and owner-cum-driver under Sec. 173 of the Motor Vehicles Act, 1988 (for brevity "MV Act") as they arise out of the same award passed by the Motor Accident Claims Tribunal, Kaithal (for short "the Tribunal"). For the sake of convenience, factual position is being taken from FAO-2800-2017, titled as Smt. Krishna and another Versus Rameshwar and others.

(2.) This appeal has been filed by the claimants, who are legal representatives of Rakesh Kumar, deceased, for enhancement of compensation granted by the Tribunal vide award dtd. 15/10/2016.

(3.) Facts, in brief, leading to the filing of the appeal are that on 30/9/2015, Rakesh Kumar and Sudesh Kumar, were travelling on separate motorcycles. A Mahindra Tractor bearing registration No. HR-08-D-2716, which was being carelessly driven by Rameshwar - respondent No.1, collided with the motorcycle of Rakesh Kumar, who fell on the road and sustained multiple injuries. He was taken to the G.H. Kaithal, where he was declared dead. An FIR No. 99, dtd. 1/10/2015, was lodged at Police Station Pundri, under Ss. 279, 304-A, IPC, on the next day. Appellants filed a claim petition under Sec. 166 of MV Act, claiming compensation on account of the death of Rakesh Kumar, which has been partly accepted vide award dtd. 15/10/2016, and they have been granted compensation of Rs.8,84,000.00. Respondent No.1 has been held liable to pay the compensation, along with interest @ 7% p.a., from the date of filing of the claim petition.