MOHAN LAL Vs. BALBIR SANJHTA

JUDGEMENT

(1.) THE appellant -claimants have invoked the jurisdiction of this Court in terms of Section 173 of the Motor Vehicles Act, 1988, (for short, the Act), for enhancement of compensation being inadequate, on the grounds taken in the memo of appeal.

(2.) FACTS of the case, in brief, are that the claimants have filed a Claim Petition for grant of compensation to the tune of Rs. 6.00 lacs, as per the break -ups given in the Claim Petition, on the ground that Rashwanti, wife of claimant No. 1 and mother of claimants No. 2 and 3, was traveling in a bus bearing registration No. HP -10 -0933, being driven by driver, namely, Diwan Chand, (respondent No. 3), rashly and negligently, met with an accident near Madharli nallah, as a result of which, the deceased sustained injuries, was taken to Indira Gandhi Medical College, Shimla, from where was referred to PGI, Chandigarh and ultimately, she succumbed to the injuries. FIR No. 100/99, dated 30.6.1999, was registered at Police Station, Rohru under Sections 279, 337 and 304 -A of the Indian Penal Code.

(3.) ON the pleadings of the parties, the following issues were settled by the learned Tribunal: