VIRAN BALI Vs. JARNAIL SINGH AND ANOTHER

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 20.9.2003, passed by the Motor Accident Claims Tribunal-II, Kangra at Dharamshala, in case MACP No.7-N/00, titled Viran Bali Vs. Ashok Kumar & ors. , whereby an amount of Rs. 3,20,200.00 was awarded in favour of claimant and against respondent No.3 along with 9% interest from the date of filing of the claim petition till its realisation (for short, impugned award), on the grounds taken in the memo of appeal.

(2.) Facts of the case, in brief, are that the appellant has invoked the jurisdiction of Motor Accident Claims Tribunal-II, Kangra at Dharamshala, (for short the Tribunal) for grant of compensation to the tune of Rs. 50.00 lacs, as per the break-up given in the claim petition, on account of death of her son in a traffic accident occurred on 26.9.1999 at about 3.30 p.m. near Durga Mandir on Pathankot- Damtal Jalandhar highway in Badhroya, Tehsil Nurpur, District Kangra, while he was riding on the scooter bearing No.PAH-4857 as pillion rider. It was averred that truck No.HR-21-0597, being driven by respondent No.1 Ashok Kumar, rashly and negligently, hit the said scooter from back side resulting in the death of Raj Babbar, son of the claimant.

(3.) Insured/owner, driver and insurer (respondent No.3 herein) resisted the claim petition and filed written statements. On the pleadings, the following issues were framed by the Tribunal: