RAVI KANTA JAIN Vs. ROHTAS KUMAR

JUDGEMENT

(1.) THIS judgment will dispose of F.A.O. Nos. 1065, 1066 and 1135 of 1989 as well as Cross-Objection NO. 109-CII of 1989 filed in F.A.O. No. 1065 of 1989 which involve common questions of fact and law and had arisen out of common award of Motor Accident Claims Tribunal, Hissar dated 16.5.1989.

(2.) F .A.O. No. 1065 of 1989 is filed by Ravi Kanta Jain and others for enhancement of compensation on account of death of Munisubrat Dass Jain in a road accident on 14.4.1986. F.A.O. No. 1066 of 1989 is also filed by Ravi Kanta Jain for enhancement of compensation on account of injuries sustained by her in the accident in which her husband had died. F.A.O. No. 1135 of 1989 is filed by the Insurance Company for setting aside the award. Cross Objections No. 109-CII of 1989 in F.A.O. No. 1065 of 1989 have been filed by respondent No. 2 praying for the reduction of the amount of compensation by setting aside the award of the Motor Accident Claims Tribunal.

(3.) THE case of the claimants as set up in the claim petition was that on 14.4.1986, Manisubrat Dass Jain was driving scooter bearing registration No. HRI-8550. His wife Smt. Ravi Kanta was sitting on pillion seat. They were proceeding from Hisar City towards Delhi Road, Hisar. When their scooter reached near United Commercial Bank, a truck bearing registration No. HRT-7734 came from behind and hit the scooter, as a result of which Manisubrat Das Jain fell towards right side of the scooter while Mrs. Ravi Kanta Jain fell on the left side. Manisubrat Dass Jain died on the spot and Smt. Ravi Kanta Jain received injuries on the left forearm and got her ribs fractured. Dr. N.M. Sharma conducted the post mortem examination on the dead body of Manisubrat Dass Jain. He has stated that the age of deceased was 60 years. The ocular version has been given by Parmod Jain, PW13, Subhash PW16 and Smt. Ravi Kanta Jain, injured.