SATINDER PAL BANSAL Vs. JASWINDER KAUR AND OTHERS

JUDGEMENT

(1.) An accident took place on 21.11.1999 between a Maruti Van bearing registration No.PB-48-2585 and an Ambassador Car registration No.PB-10-G-9887. The Maruti van was being driven by the deceased-Jagpal Singh and the Ambassador car was being driven by respondent No.1-Satinder Pal Bansal. There were other people in the Maruti van apart from its driver, whose names are Darshan Singh, Harinder Singh, Ram Vivek and one other person apart from the father of the deceased. These vehicles were approaching each other from opposite directions and a collision took place resulting in the death of the driver of the Maruti van and injuries being suffered by the driver of the Ambassador car. FIR under Sections 279, 337 and 304-A IPC, was registered against respondent No.1 on 22.11.1999 at 6.15 a.m. Three claim petitions were preferred before the learned Motor Accidents Claims Tribunal, Fatehgarh Sahib (hereinafter referred to as 'the Tribunal'), one by the parents and widow of deceased-Jagpal Singh for compensation on account of his death, the second by Ranjit Kaur (mother of deceased-Jagpal Singh) as owner of the Maruti van for damage caused to it and the third one by respondent No. 1 for compensation for injuries sustained by him. The claim petition filed by Ranjit Kaur for compensation on account of damage to the Maruti van was dismissed by the learned Tribunal vide the impugned award. No appeal has been filed there-against. Regarding the other two petitions, the learned Tribunal held contributory negligence on the part of both drivers in the ratio of 50:50. On account of death of Jagpal Singh, a lump sum compensation of Rs. 3,00,000/- was granted, whereas respondent No.1 was awarded Rs. 1,50,000/-on account of injuries and disability. Since, both the drivers were held equally negligent, the amount of compensation to be actually paid, was Rs. 1,50,000/- in the death case and Rs. 75,000/- in the injury case.

(2.) These two appeals have been filed on behalf of the claimants in both claim petitions, for enhancement of compensation granted by the learned Tribunal. The questions which arise therein are

(3.) I have heard learned counsel for the parties and with their assistance have gone through the record.