ORIENTAL INSURANCE CO LTD Vs. SUKHWINDER SINGH

JUDGEMENT

(1.) The above mentioned two appeals, are being disposed of by this common judgment, having arisen out of the impugned award dated 15.01.2016 and 26.04.2018 passed by the learned Motor Accident Claims Tribunal, Chandigarh and Panchkula respectively. Facts not in dispute

(2.) The facts which are not in dispute are that on 15.09.2014, the deceased Kulwant Kaur along with other passengers which includes Mohit were going in a Haryana Roadways bus bearing registration No. HR-37-C- 3414. The bus was being driven by respondent No. 3 in a rash and negligent and manner. When the bus reached within the area of village Chhotti Bassi on the bridge of Begna River on Naraingarh to Shahzadpur road, in the meantime, the said bus after breaking side grills of river bridge fell in the begna river and all the occupants of the bus suffered multiple and grievous injuries. They were shifted to General Hospital, Naraingargh. The deceased Kulwant Kaur was referred to PGI Chandigarh where she died during the course of treatment and Mohit Kumar was shifted to Government Medical College and Hospital, Sector 32 where he remained admitted from 21.09.2014 till 05.10.2014 in PGI, Chandigarh. F.I.R No. 222 dated 15.09.2014 under Sections 279/337/304-A IPC was registered at P.S. Naraingarh.

(3.) While assessing the compensation on account of death of Kulwant Kaur, the Tribunal took her income at Rs.31760/- per month and deducted 1/3rd as dependency. The multiplier of 09 was applied. Rs.25,000/- were awarded towards funeral expenses. The total compensation awarded to the claimants was Rs.23,11,792/-.