SUNDER SINGH Vs. DARSHAN LAL

JUDGEMENT

(1.) The award dtd. 14/1/2005 passed by the Motor Accident Claims Tribunal, Ambala (for short 'the Tribunal') has been assailed by the legal heirs of Nardeh seeking enhancement of compensation awarded under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'the Act')

(2.) The present appeal has been filed by the husband and daughter of the deceased. The driver of Jeep bearing registration No.HR-45-3917 (hereinafter referred to as the offending vehicle'), owner and insurer i.e. Oriental Insurance Company Limited, have been arrayed as respondents No.1 to 3 in the appeal respectively. The other legal heirs have been arrayed as proforma respondent's No. 4 to 9.

(3.) The brief facts necessary for adjudication of the present appeal are that on 19/11/2003, Nardeh alongwith Sunder Singh was travelling in a bus and was coming to Chandigarh. On the way the bus stopped Nardeh got down to answer the call of nature and while she was trying to cross the road, she was hit by a rashly and negligently driven offending vehicle. As a result of the impact, she sustained grievous injures and ultimately succumbed to the injuries. FIR was registered.