AJMER SINGH Vs. VYASA DEVI AND OTHERS

JUDGEMENT

(1.) Both these appeals are directed against the award, dated 4th October, 2010, passed by the Motor Accident Claims Tribunal, Bilaspur, H.P., (for short, the Tribunal), whereby compensation to the tune of Rs.4,47,400/, alongwith interest at the rate of 7.5% per annum, came to be granted in favour of the claimants and the owner was saddled with the liability, (for short, the impugned award).

(2.) Feeling aggrieved, the claimants questioned the impugned award by the medium of FAO No.39 of 2011 on the ground of adequacy of compensation, while the owner/insured (Ajmer Singh) has assailed the impugned award in FAO No.20 of 2011 on the ground that the Tribunal has fallen into an error in saddling him with the liability and exonerating the insurer.

(3.) Claimants, being widow, parents and children of deceased Suresh Kumar, 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.15.00 lacs, as per the break-ups given in the claim petition. It was averred that on 23.1.2007, at about 6.45 p.m., the deceased, namely, Suresh Kumar, aged about 33 years, alongwith other labourers, after loading iron rods (saria) in tractor bearing No.HP-23-9813, being driven by its driver, namely, Joginder Singh, rashly and negligently, was traveling in the said tractor for unloading the said material. It was further averred that when the tractor reached at Rest House Dholra, District Bilaspur, due to the rash and negligent driving of the driver of the offending tractor, it met with an accident and Suresh Kumar was crushed underneath the wheel of the tractor, resulting into his death. FIR No.34/07, under Sections 279 and 304-A of the Indian Penal Code, (for short, IPC), came to be registered at Police Station, Sadar, Bilaspur, H.P. It was also averred that the deceased was labourer/mason by profession and was earning Rs.8,000/- per month from all sources.