HUKMABATI Vs. PANJAB ROADWAYS

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 Accidents 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 the jeep No. HRK 4722 on 16.4.1996. This jeep was hit by bus No. PB 12-A 8216 belonging to Punjab Roadways, respondent No.1 and driven by Paras Ram, respondent No. 3. 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 negligence of the driver of the bus and awarded a sum of Rs. 1,72,800 in favour of the claimants.