KANTA DEVI Vs. MOHINDER PAUL AND ORS.

JUDGEMENT

(1.) This appeal filed by the appellant for enhancement of compensation is directed against the award dated 14.07.2005 passed by the Motor Accidents Claims Tribunal, Jammu, in File No. 592/Claim, titled as Kanta alias Kanta Devi v. Oriental Insurance Co. & others, whereby an award of Rs. 80,000/- along with interest @ 6% came to be awarded in favour of appellant- claimant and against the insurer, respondent No. 3 herein (for short, impugned award), on the grounds taken in the memo of appeal. The facts as gathered from the claim petition are that on 05.03.2000 claimant-Kanta Devi was travelling in the offending vehicle, i.e., Bus No. JK02M-7835 which was heading towards Kathua from Jammu. When it reached Village Jakh at Jammu-Kathua National Highway, it turned turtle due to the rash and negligent driving of its driver, as a result of which claimant-Kanta Devi received injuries in her back and was taken to the Hospital. As per the Discharge & Follow-up Card, she remained admitted in the hospital with effect from 05.03.2000 to 09.03.2000. Two other unfortunate boys, who were walking on the roadside, were also hit by the offending vehicle, as a result of which one boy, namely, Pawan Kumar died on the spot, whereas another one, namely, Raj Kumar succumbed to injuries after 15 days in the hospital. FIR also came to be registered at Police Station Vijaypur.

(2.) Claimant-Kanta Devi filed a claim petition before the learned Tribunal seeking compensation to the tune of rupees five lacs.

(3.) Two more claim petitions came to be filed by the legal heirs of both the deceased boys. Learned Tribunal clubbed all the three claim petitions, as the same had arisen out of the same accident.