SHARDHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of two appeals bearing FAO Nos.437 and 438 of 1992. For facility of reference, facts are being mentioned from FAO No.437 of 1992. In both the appeals, the prayer is for enhancement of compensation amount.

(2.) Briefly, it is case of the appellants that on 18.3.1990 at about 9.00 a.m., Shardha Nand appellant/ claimant No.1 alongwith his wife Kamla and one Krishna, was going to the fields. Bus bearing No.HNA- 8745 came from the side of Bhiwani and in the process of overtaking another bus, going ahead of it, hit Kamla and Krishna. Both the ladies were injured and ultimately died. Factum of accident and death of Kamla and Krishna in that accident is not in dispute.

(3.) The appellants, in this case, are the legal heirs/ dependents of Smt.Kamla. The Motor Accident Claims Tribunal, Bhiwani (in short the Tribunal), vide judgment dated 4.9.1991, had granted an amount of Rs.78,000/- along with pendente lite and future interest w.e.f. 2.4.1990 i.e. when application for grant of compensation was moved by the claimants till recovery of the amount.