LAWS(P&H)-1997-5-145

PEPSU ROAD TRANSPORT CORPORATION Vs. ARJUNA

Decided On May 30, 1997
PEPSU ROAD TRANSPORT CORPORATION Appellant
V/S
ARJUNA Respondents

JUDGEMENT

(1.) This appeal has been preferred by the Pepsu Road Transport Corporation against the award dated February 4, 1989 passed by the Motor Accident Claims Tribunal, Ludhiana. Obviously, prayer in the appeal is to set aside the order passed by the Tribunal whereby the widow, three minor children and widowed mother of the deceased Hans Raj were awarded compensation to the tune of Rs. 2,72,000/- in the proportion as mentioned by the Tribunal by the Tribunal in para 28 of the judgment.

(2.) There is no need at all to give detailed facts even though in the present appeal findings on issue regarding-negligence have also been challenged. In same accident whereas two persons died, the third suffered injuries. Consequently, three claim petitions were filed before the Motor Accident Claims Tribunal and which were concededly disposed of by a common order. With regard to two other matters i.e. one of death and other of injuries, no appeal has been filed by P.R.T.C. The findings recorded in the claim petitions giving rise to the common award pertaining to the negligence have, thus, attained finality.

(3.) Mr. Baljinder Singh, learned counsel for the appellant, however, contends that the compensation worked out by the Tribunal is on the higher side. It may be mentioned here at his stage that the claimants have filed cross-objections No. 101-CII of 1989 and have asked for further enhancement of the compensation.