(1.) This judgment shall dispose of FAO No.1268 of 2016 (Sheela and others v. Tarsem Singh and others) and FAO No.3283 of 2016 (Sushma v. Tarsem Singh and others) as both the appeals arise out of a common award dated 07.08.2015 passed by the learned Motor Accident Claims Tribunal, Sonepat (hereinafter referred to as, the 'Tribunal').
(2.) Fao No.1268 of 2016 has been filed by the legal heirs of deceased-Satyawan seeking enhancement of compensation awarded to them by the learned Tribunal on account of death of Satyawan in a motor vehicle accident, which took place on 18.02.2014. FAO No.3283 of 2016 has been filed by the injured/claimant Sushma seeking enhancement of compensation awarded to her on account of the injuries suffered by her in the said accident.
(3.) Brief facts necessary for adjudication of the case are that, two separate petitions under Section 166 of Motor Vehicles Act were preferred by the appellants seeking compensation i.e., MACT Petition No.1524 of 2014 by the injured Sushma on account of injuries and disability suffered by her in a motor vehicle accident, which took place on 18.02.2014 and MACT Petition No.1525 of 2014 by the legal heirs of Satyawan on account of his death in the said motor vehicle accident. It was averred that Satyawan (deceased), Jogender and Sushma were going towards Sonepat in an auto-rickshaw on 18.02.2014. At about 10.30 a.m., when they reached near Bahalgarh chowk, a truck bearing registration No.PB-13Y-9212, being driven by respondent No.1-Tarsem Singh in a rash and negligent manner, came from the side of village Khewra and struck against the auto-rickshaw. As a result thereof, the auto-rickshaw turned turtle and the occupants therein suffered injuries. The injured were removed to Government Hospital, Sonepat for treatment. However, Satyawan succumbed to his injuries. FIR.No.37 dated 18.02.2014 (Ex.P32) was lodged in respect to the accident on the statement of PW7 Satbir.