SWADESH KARYALA P LTD Vs. BAKSHISH KAUR

JUDGEMENT

(1.) In this appeal filed by respondent No. 2, namely, owner of the offending van, challenge is to award dated 10.10.1988 passed by the Motor Accident Claims Tribunal, Ludhiana awarding compensation to the claimants for the accident that took place on 30.10.1987.

(2.) On the other hand, claimants have preferred Cross-objections No. 14-CII of 1992 for enhancement of compensation awarded to them.

(3.) In brief, the facts of the case are that on 30.10.1987, at about 1 P.M. appellant Bakshish Kaur and her husband, Achhar Singh (deceased) along with their minor son named Billu, aged one year (deceased) were coming on foot to their village Jhande from Baddowal Cantt. The minor son Billu was in the lap of her mother Bakshish Kaur and all three were coming on their left side. When they reached near the workshop of one Mohinder Singh, a maruti van bearing registration No. PBR-5542 came from the back side and over ran them as a result of which all of them received multiple injuries. A person by the name of Inderjit Singh, who was present at the workshop of Mohinder Singh, on seeing the accident came and took them to hospital where Billu minor was declared brought dead while Achhar Singh died after 2/3 hours. Bakshish Kaur was admitted in the hospital for treatment. Thereafter, said Inderjit Singh lodged a report with the police in regard to the accident.