RAJBIR AND ANOTHER Vs. DHARMENDER SINGH AND OTHERS

JUDGEMENT

(1.) Through this common judgment, above titled two appeals, one filed by the claimants (FAO-3633-2012) for enhancement and another by the Insurance Company (FAO-3777-2012) for reduction in compensation, against the impugned Award dated 03.02.2012, of the Motor Accident Claims Tribunal, Chandigarh (for short-'the Tribunal'), are being disposed of. For brevity, the facts are being extracted from FAO-3633-2012.

(2.) Briefly, on 06.12.2009, nine persons including one minor child, namely; Master Chanderkesh, aged around 11 years, died in a motor vehicular accident having involvement of truck bearing registration No. PB65-J-5690. The claim petition under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as-'the Act') filed by father and handicap sister of deceased-Chander Kesh, was decided by the learned Tribunal vide impugned consolidated Award dated 03.02.2012, along with other claim petitions, awarding compensation of Rs. 2,80,000/- to them.

(3.) Being aggrieved, father and handicapped sister of deceasedChander Kesh have come up before this Court for enhancement of compensation. Few of the other claimants had also approached this Court by way of their respective appeals for enhancement of compensation. Respondent No. 3-Insurance Company, has also filed four counter appeals for reduction of compensation including FAO-3777-2012, modifying the impugned Award dated 03.02.2012. All the other appeals have already been disposed of by co-ordinate Benches of this Court, except the present two.