KAMLESH LAMBA Vs. JATINDER

JUDGEMENT

(1.) By this common judgment, I shall dispose of two connected appeals arising out of the same award dated 18.3.2005 passed by Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhari (for short, 'the Tribunal'). The claimants-appellants have filed FAO No.2879-2005 for enhancement of compensation, whereas appellant-Insurance Company has filed FAO No.3445-2005 challenging the quantum of compensation as well as denying its liability to pay the compensation. For facility of reference, facts are being mentioned from FAO No.2879-2005.

(2.) Facts of the case are that on 30.10.2002 at about 7.30 p.m., Anurag Lamba son of the claimants-appellants, aged about 22 years, who was student of 5th year of LLB, along with his friend Mandeep son of Rohtas, was coming from Rohtak side on a scooter bearing Registration Number DL-4SS-3388. The scooter was being driven by Anurag Lamba at a very slow speed. Near crossing, a tractor trolley bearing Registration Number HR-06F-7295 came rashly and negligently from Delhi side and dashed against the scooter. Anurag Lamba fell down from the scooter and was run over by the tyre of the tractor trolly. His friend also received multiple injuries. Manu Rattan son of Jasbir Rattan along with his friend Ramanjit Singh, who was standing nearby, pulled out Anurag Lamba from under the tyre of the tractor trolley and took him to PGI Rohtak, from there, he was shifted to Apollo Hospital, Delhi, where he remained under treatment till 4.4.2003, when he succumbed to the injuries.

(3.) On the statement of Manu Rattan, an FIR against the driver of the tractor trolley was registered.