HARBHAJAN SINGH Vs. SHILPI JAIN

JUDGEMENT

(1.) This order disposes of FAO No.5101-2012 titled Harbhajan Singh and another Vs. Shilpi Jain and others filed by the appellants-driver and owner of the offending vehicle for setting aside the award dated 03.08.2012 passed by the learned Motor Accidents Claims Tribunal, Sangrur (for short 'the Tribunal') in MACT Case No.62 of 2010 titled as Shilpi Jain and others Vs. Harbhajan Singh and others and FAO No.5999-2012 titled Shilpi Jain and others Vs. Harbhajan Singh and others filed by claimants namely Shilpi Jain-widow, Rajneesh Gupta-minor son and Sona Rani-mother of deceased-Banwari Lal for enhancement of compensation awarded vide above-said award on account of death of Banwari Lal in motor vehicle accident which took place on 23.06.2010.

(2.) For the sake of convenience, the parties are referred to by their description in the claim petition.

(3.) The claimants-widow, son and mother of deceased-Banwari Lal filed the above-said claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the M.V. Act') on the averments that on 23.06.2010 at about 8:30 a.m. Banwari Lal along with his mother Sona Devi was going to New DMC Hospital, Ludhiana in Alto Car bearing registration No.PB-29-J-3375. When they reached near village Dhat situated on Ludhiana-Moga Road, P.S. Dakha, Tempo bearing registration No.PB-12G-5975, owned by respondent No.2 and insured with respondent No.3, came from the opposite side, driven by respondent No.1 in a rash and negligent manner and by coming on the wrong side struck against the Car of Banwari Lal due to which Banwari Lal and his mother suffered multiple grievous injuries. They were taken to Civil Hospital, Jagraon, where the attending doctor referred Banwari Lal to New DMC Hospital, Ludhiana. However, Banwari Lal succumbed to his injuries on the way and was declared brought dead by doctors of New DMC Hospital, Ludhiana. FIR No.91 dated 23.06.2010 was registered under Sections 279, 337, 338, 304-A and 427 of the Indian Penal Code, 1860 in Police Station, Dakha.