RAM KALI DEVI Vs. ANIL KUMAR

JUDGEMENT

(1.) This order of mine shall dispose of above referred two sets of appeals, which have been filed seeking to challenge the award dtd. 2/7/2015 passed by the Motor Accident Claims Tribunal, Karnal, on the ground that the compensation that has been assessed is on the lower side.

(2.) The only question involved in these two appeals is regarding enhancement of compensation on account of death of two minor children, namely Shalu and Mamta. It is an admitted fact that deceased Shalu daughter of Sushma was aged 06 years whereas Mamta daughter of Ram Kali was aged 14 years.

(3.) In brief, the facts are that an accident took place on 11/10/2013 with car No. HR-99-QXHATP-6113 in which Mamta daughter of claimants Ram Kali Devi and Prem Dutt (in FAO No. 7430-2015) Sushma wife of Anil Kumar appellant (in FAO No. 7907-2015) along with her son Lakshay aged 04 years, daughter Shalu aged 06 years as well as Pooja, her minor son, were travelling. The car was driven by Anil Kumar, husband of Sushma and when they reached near Lather brick-kiln, suddenly an animal, namely Nilgai came in front of the car and he in order to save the animal lost balance of the car and it struck against a tree. The claimant-appellant, namely Sushma sustained leg injury which made her permanently disabled. Her daughter, namely, Shalu suffered grievous injuries and succumbed on the way to the hospital whereas her son Lakshay remained as indoor patient for ten days due to serious, multiple and grievous injuries especially head injury suffered in the accident. A DDR was also registered in this respect. Thereafter, claim petitions were filed and the statement of the claimants were recorded therein. No evidence was led by the respondent-owner controverting the evidence of the claimant. On the basis of the statement adduced, the Tribunal held that the factum of accident was established on account of which two persons died and the claimants Sushma and Ram Kali were allowed compensation as under:-