LAKHWINDER SINGH Vs. SEEMA DEVI

JUDGEMENT

(1.) Both these appeals are directed against a common award, dated 7th June, 2011, passed by the Motor Accident Claims Tribunal-I, Sirmaur District at Nahan, H.P., (for short, the Tribunal), whereby compensation to the tune of Rs. 3,94,000/, along with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization, came to be granted in favour of the claimants.

(2.) Feeling aggrieved, the driver and the owner have challenged the impugned award by the medium of FAO No.314 of 2011, while the registered owners filed FAO No.7 of 2013 questioning the impugned award, on the grounds taken in the memos of appeals.

(3.) Claimants, being widow, parents, sons and daughters of deceased Nar Singh, 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. 20.00 lacs, as per the break-ups given in the claim petition. It was averred that on 29th April, 2007, at about 8.30 a.m., the deceased, namely, Nar Singh, aged about 32 years, along with Gurmeet Singh, was traveling on tractor bearing No. HR-11-5553 to village Jangla Bhood to sell wheat straw. It was further averred that at the relevant time, the tractor was being driven by its driver, namely, Lakhwinder Singh, and when the said tractor reached at Jangla Bhood, due to the rash and negligent driving of the driver of the offending tractor, it met with an accident, resulting into the death of Nar Singh. In regard to the accident, FIR No.86/07 was registered at Police Station, Nahan. It was also averred that the deceased was an agriculturist and was earning Rs. 15,000/- per month from that vocation. Hence the claim petition.