HUKMABATI Vs. PUNJAB ROADWAYS ROPAR

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation is directed against the Award of the Motor Accident Claims Tribunal, Bilaspur, H.P. (hereinafter referred to as the Tribunal), passed in M.A.C. Case No. 36 of 1996 decided on 19.5.1998.

(2.) The facts relevant for decision of the case are that deceased Shiv Kumar who was aged about 15 years at the time of the accident and studying in class 10th was travelling in Jeep No. HRK -4722 on 16.4.1996. This jeep was hit by bus No.PB -12 -A -8216 belonging to respondent No. 1 Punjab Roadways and driven by respondent No. 3 Paras Ram. The deceased after the accident was shifted to District Hospital, Bilaspur where he succumbed to the injuries sustained by him.

(3.) The mother and one minor sister of the deceased filed a claim petition for grant of compensation with regard to the death of the deceased. The Punjab Roadways contested the petition. The Tribunal came to the conclusion that the accident had occurred due to the negligence of the driver of the bus and awarded a sum of Rs. 1,72,800/ - in favour of the claimants.