LALIT KUMAR Vs. SANJIV KUMAR AND OTHERS

JUDGEMENT

(1.) Both these appeals are taken up together for final disposal as the same arise out of common award, dated 6th August, 2010, passed by the Motor Accident Claims Tribunal, Bilaspur, H.P., (for short, the Tribunal), in Claim Petition No.66 of 2007, titled Anju Koundal and others vs. Lalit Kumar and others, whereby compensation to the tune of Rs.9,16,000/ -, with interest at the rate of 7.5% per annum, from the date of filing of the claim petition till the amount is deposit, came to be awarded in favour of the claimants, being widow and sons, and proforma respondent No.4, being mother of the deceased, and the insurer was saddled with the liability, with right of recovery from the owner and the driver, (for short, the impugned award).

(2.) Since both the appeals arise out of the common award, therefore, the same are taken up together and are being disposed of by this common judgment. Brief facts:

(3.) Claimants invoked the jurisdiction of the Tribunal under Section 166 of the Motor Vehicles Act, 1988 (for short, the Act) for grant of compensation to the tune of Rs.25.00 lacs, as per the break -ups given in the claim petition, on account of death of Nand Lal Koundal in vehicular accident, which was, allegedly, caused by the driver, namely, Sanjeev Kumar, while driving truck bearing No.HP -24 -4853, on 29th May, 2007, at about 12.00 A.M. near village Lakhanpur on NH -21 in Bilaspur District. It was alleged that the deceased, who was traveling on the scooter, was hit by the offending truck, being driven by its driver, as a result of which he sustained injuries and lateron succumbed to the same. In regard to the accident, FIR bearing No.159 of 2007, dated 29th May, 2007, under Sections 279 and 304 -A of the Indian Penal Code was registered at Police Station, Sadar, District Bilaspur, H.P. The claimants, being the widow and the sons of the deceased filed the claim petition and the mother of the deceased was impleaded as proforma respondent No.4 in the claim petition.