NIKITA DHIMAN Vs. PARDEEP KUMAR

JUDGEMENT

(1.) This judgment shall dispose of FAO No.5487 of 2015 (Nikita Dhiman and others v. Pardeep Kumar and others) and FAO No.6114 of 2015 (United India Insurance Company Ltd. v. Nikita Dhiman and others) which arise out of impugned award dtd. 6/5/2015 passed by the learned Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as, the 'Tribunal').

(2.) FAO No.5487 of 2015 has been filed by the claimants seeking enhancement of the compensation awarded to them by the learned Tribunal vide impugned award dtd. 6/5/2015. FAO No.6114 of 2015 has been filed by the Insurance company challenging the quantum of compensation awarded to the claimants by the learned Tribunal. It is further claimed that deceased-Pawan Kumar was guilty of contributory negligence, therefore, necessary deduction should be effected in the compensation awarded to the claimants.

(3.) Brief facts necessary for adjudication of this case are that, the claimants filed a petition under Sec. 166 of the Motor Vehicles Act (for short, the 'Act') seeking compensation on account of death of Pawan Kumar, who lost his life in a motor vehicle accident which took place on 8/1/2014. FIR No.9 dtd. 8/1/2014 (Ex.P9) under Ss. 279/304A IPC was registered at Police Station Sadar, District Bilaspur against respondent No.1 at the instance of one Sukh Ram son of Nikka Ram.