SUNITA Vs. BHAVESH KUMAR

JUDGEMENT

(1.) The unfortunate parents who have lost their young son in a motor vehicular accident are in appeal against the award dtd. 26/11/2015 passed by the Motor Accident Claims Tribunal, Ludhiana (for brevity 'the Tribunal') seeking enhancement of compensation awarded under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'the Act') The driver of Alto car bearing registration No. CH-04-F-7531 (hereinafter referred to as 'offending vehicle'); owner and insurer (i.e. United India Insurance Co. Ltd.) of the offending vehicle have been arrayed as respondents no. 1 to 3 respectively in the appeal.

(2.) The facts emanating from the record are that on 17/8/2014, Sagar Kumar Kalyan (deceased ) alongwith Ravi Shankar and Rajan and some other persons went to Dera Baba Mannat Ram Ji in Village Ucha Jatana and from there, he left for Samrala. The deceased was pillion rider on the motorcycle bearing registration No. PB-43-D-3608, which was being driven by Rajan. On their way they stopped their motorcycle on the side of the road, in the meanwhile, their motorcycle was hit by a rashly and negligently driven offending vehicle. Due to the impact, both the riders of the motorcycle fell down and Sagar Kumar Kalyan sustained injuries and was taken to Civil Hospital, Samrala from where he was referred to other hospital ultimately he was taken to Fortis Hospital, Ludhiana where he was declared dead. FIR No. 189, dtd. 18/8/2014 was registered at Police Station Samrala.

(3.) A claim petition under Sec. 166 of the Act was filed. The Tribunal after considering the facts and on appreciating the evidence adduced, held that the accident was caused due to the rash and negligent driving of the offending vehicle. The driver, owner and insurer of the offending vehicle were held jointly and severally liable to pay the compensation. The Tribunal awarded compensation of Rs.5,65,000.00 alongwith interest @ 6% per annum. The amount awarded included Rs.25,000.00 for funeral expenses.