PREETO DEVI AND OTHERS Vs. BAKHTOUR & OTHERS

JUDGEMENT

(1.) These two appeals bearing FAO Nos.1932 and 1939 of 2011 arise out of an accident in which two persons viz Madan Lal Sharma and his wife Veena Devi died. In FAO No.1932 of 2011, the claimants the mother and two children of the deceased-Madan Lal Sharma, while in FAO No.1939 of 2011, the claimants are the mother-in-law and two children of the deceased-Veena Devi.

(2.) Brief facts are that on 1.12.2007 at about 7 pm, the deceased-Madan Lal Sharma along with his wife Veena Devi @ Veena Kumari, was going on his motor cycle to village Malikpur, Tehsil Pathankot from Ward No.11 Kathua (J&K) to meet his relatives along with his cousin brothers Kewal Krishan and Jaswant Singh who were following the deceased on their motor cycle, and when they reached opposite Railway Station Madhopur, the offending truck coming from behind, being driven by respondent No.1, rashly and negligently struck against the motor cycle of the deceased. As a result of this accident, deceased Madan Lal and Veena Devi sustained serious injuries, Veena Devi died at the spot, while Madan Lal died in the hospital on the same day.

(3.) The Tribunal held respondent No.1 responsible for causing the accident. As regards the death of Madan Lal Sharma, the Tribunal granted a total compensation of Rs 14.40 lacs, while in the case of deceased Veena Devi, the Tribunal granted a total compensation of Rs 13.26 lacs.