ORIENTAL INSURANCE COMPANY LTD. Vs. URMILA DEVI

JUDGEMENT

(1.) This judgment shall dispose of FAO No.2252 of 2017 and FAO No.3212 of 2017 which arise out of the impugned award dtd. 4/11/2016 passed by the Motor Accident Claims Tribunal, Rupnagar (hereinafter referred to as, the 'Tribunal'). FAO No.2252 of 2017 has been filed by the Oriental Insurance Company Ltd. on the question of involvement of the offending vehicle as well as the quantum of compensation awarded to the claimants. FAO No.3212 of 2017 has been filed by the claimants seeking enhancement of the compensation awarded to them vide impugned award dtd. 4/11/2016.

(2.) Brief facts necessary for the adjudication of the 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 Nand Lal @ Naresh Kumar, who lost his life in a motor vehicle accident which took place on 18/3/2016. FIR No.32 dtd. 19/3/2016 (Ex.P2) under Ss. 279/427/304A IPC, Police Station Kiratpur Sahib was registered against respondent No.1. Compensation was prayed for.

(3.) Learned Tribunal on consideration of the facts and evidence on record concluded that Nand Lal @ Naresh Kumar died in a motor vehicle accident which took place on 18/3/2016 due to the rash and negligent driving of the car bearing No.PB-16D-2232 by its driver - Sunil Kumar.