BALJINDER KAUR Vs. KIKKAR SINGH AND ANOTHER

JUDGEMENT

(1.) By way of this appeal, appellant-Baljinder Kaur seeks enhancement of compensation awarded to her by Motor Accident Claims Tribunal, Ferozepur (for short, "the Tribunal") vide the award dated 15.07.2014 passed in MACT Case No.32 of 17.09.2013 on account of death of her husband Pala Singh who lost his life in a vehicular accident.

(2.) The submissions made by Mr. G.L. Bajaj, learned counsel for the appellant, Ms. Anju Bansal, learned counsel for respondent No.1 and Mrs. Swatantar Kapoor, learned counsel for respondent No.2-insurance company have been heard and record perused.

(3.) The claim petition invoking the provisions of Sections 166/140 of the Motor Vehicles Act, 1988 (for short, "the Act of 1988") was filed by Baljinder Kaur-appellant submitting that on 24.05.2013 her husband Pala Singh (since deceased) was going from Basti Jia Bagha to village Sadiq on his motorcycle No.PB-22H-4382 (for short, "the motorcycle") and one Balwant Singh (brother of appellant-claimant) was the pillion rider. At about 2:00 p.m., when they reached near Star Palace, an Ertiga Car bearing registration No.PB-22F-0035 (hereinafter referred to as the "offending car") being driven rashly, negligently and in a high speed by Kikkar Singh (respondent No.1) came from the opposite direction and struck against the motorcycle. As a result of accident, Pala Singh sustained multiple injuries and died at the spot. On the statement of Balwant Singh, a First Information Report No.109 dated 07.09.2013 was registered under Sections 304- A/337/338 of the Indian Penal Code at Police Station Mamdot.