YASH PAL AND ANOTHER Vs. KARAMBIR AND OTHERS

JUDGEMENT

(1.) This judgment will dispose of above captioned appeals filed against award dated 04.02.2013 passed by the Motor Accident Claims Tribunal, Kurukshetra (later referred to as 'the Tribunal'). The Tribunal awarded compensation of Rs. 50,000/- for the damages to the shop of claimants and another compensation of Rs. 1,78,000/- for the death of mother of claimants in the motor accident.

(2.) The case of claimants, in brief, is that on 30.10.2011 at about 08.30 p.m., Shakuntala Devi (since deceased) their mother was sitting on wooden bench in front of her karyana store at village Bakali, when combine bearing registration no. HR-05V- 3269 came from Mustfabad side. It was being driven by respondent no. 1-Karambir son of Kartara Ram in a rash and negligent manner. He hit Shakuntala Devi and then front portion of the shop of claimants as a result of which Shakuntala Devi suffered injuries and was taken to CHC, Ladwa. After first aid, she was shifted to LNJP Hospital, Kurukshetra, where she succumbed to her injuries.

(3.) The claimants alleged that they have suffered loss of Rs. 1,38,000/- due to damages to the shop and of Rs. 27,730/- of the material lying in the shop. They also suffered loss in business as the shop was closed due to damage . Deceased Shakuntala Devi was 55 years of age. She was shopkeeper and engaged in dairy farming thereby earning Rs. 20,000/- per month. A sum of Rs. 30,000/- was spent on her treatment and last rites.