NATIONAL INSURANCE CO Vs. KHARAK SINGH & ORS

JUDGEMENT

(1.) The subject matter in both these appeals is award dated 31.10.2008 passed by the Motor Accidents Claims Tribunal, Jammu, in File No.789/Claim, titled as Kharak Singh & others vs Rajinder Singh & others, whereby an award of Rs.7,57,896/- along with interest @ 7.5% came to be awarded in favour of claimants, respondents 1 to 5 herein, from the date of filing of the claim petition till its realization (for short, impugned award), on the grounds taken in the memo of appeals.

(2.) In order to return a finding, it is necessary to give a brief resume of the case, the womb of which has given birth to the present appeals.

(3.) It is averred in the claim petition that the deceased, namely, Tajinder Singh was working with his brother-in-law, who was a A-Class Contractor, and he was earning Rs.12,000/- per month. On 20.07.2004, the offending Truck, bearing No.JK02G-8940, which was being driven by respondent no.7, namely, Prem Chand, rashly and negligently, hit the Car, bearing registration No.JK02M-7265, in which deceased Tajinder Singh along with one Balwinder Singh was travelling, near Stadium Morh, Channi Himmat, Jammu, as a result of which both Tajinder Singh and Balwinder Singh sustained grievous injuries. They were taken to Government Medical College, Jammu, where Tajinder Singh succumbed to injuries. Claimants being the legal heirs and dependants on the deceased filed a claim petition before the learned Tribunal claiming compensation.