USHA Vs. MADAN LAL

JUDGEMENT

(1.) By this common order, I shall dispose of above noted three connected appeals arising out of same award dtd. 11/10/2000, passed by Motor Accident Claims Tribunal, Karnal (in short 'the Tribunal'). FAO-771-2002 has been filed by claimants for enhancement of compensation and two other appeals have been filed by owner of offending vehicle against the findings, vide which she was held liable along with driver to pay compensation to the exclusion of insurance company.

(2.) Facts of case are that on 12/8/1998, at about 9.00 PM, Vijay Pal was travelling in a three wheeler. When three wheeler was taking a turn towards village Uchana, a bus bearing registration No. HP-01-1695, owned by respondent No. 1 came with rash and negligent manner from side of Karnal. It was being driven by respondent No. 2 driver and hit three wheeler, as a result of which Vijay Pal, driver of three wheeler died at spot, whereas Dharam Pal, driver of offending vehicle sustained multiple injuries. FIR No. 569 dtd. 12/8/1998 under Ss. 279, 337, 304-A IPC was registered against driver of offending bus.

(3.) Respondents No. 1 and 2 in written statement had denied accident. Rash and negligent driving was also denied.