MANGAL AND OTHERS Vs. NARENDER AND OTHERS

JUDGEMENT

(1.) The present appeal has been filed by the claimants/appellants for enhancement of compensation on account of death of Smt. Rajo in a motor vehicular accident.

(2.) Brief facts as gathered from the record are that initially two claim petitions were filed in respect of same occurrence in which deceased Rajo had succumbed to the injuries suffered by her and Mahipal sustained minor injuries. Both the claim petitions were dismissed by the Motor Accident Claims Tribunal, Kaithal (hereinafter to be referred as 'the Tribunal') against which FAO Nos. 4058 and 4059 of 2011 were filed before this Court. Both the appeals were accepted and the cases were remanded back to the Tribunal with direction to decide afresh.

(3.) In the petition filed by Mahipal i.e. MACT No. 74 of 2009, the Tribunal granted lump sum amount of compensation of Rs. 9,000/- as there was no sufficient evidence available on record to show that the claimant-Mahipal had sustained injuries due to rash and negligent driving of respondent No. 1.