SUNINDER KAUR Vs. MALWA TOURIST PVT. LTD.

JUDGEMENT

(1.) The award dtd. 12/2/2015 passed by the Motor Accident Claims Tribunal, Ropar (for brevity 'the Tribunal') has been assailed by the parents and minor brother of Arti Devi (deceased) seeking enhancement of compensation awarded under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'the Act').

(2.) The parents and minor brother of Arti Devi are the appellants. The owner, driver and insurer (i.e. United India Insurance Co. Ltd.) of a bus bearing registration No. PB-29-M-9666 (hereinafter referred to as 'offending vehicle'); have been arrayed as respondents no. 1 to 3 respectively in the appeal. The owner and driver of Xylo Car bearing registration No. PB-01-9037 (hereinafter referred to as 'Xylo Car') have been arrayed as respondents No. 4 and 5, respectively in the appeal.

(3.) The brief facts necessary for adjudication of the present appeal are that on 5/9/2013, Arti Devi was waiting for the bus while standing at the Bus Stand, Village Raipur on the left side of Ropar-Nangal road. In the meanwhile, a Xylo car was coming from Nangal side, which was followed by the offending vehicle. The offending vehicle in a rash and negligent manner struck with the Xylo Car from behind, as a result of which Xylo car struck against Arti Devi and another girl. Both the girls received injuries and Arti Devi died at the spot. FIR was registered against the driver of the offending vehicle.