TARSEM LAL SHARMA Vs. YASH PAUL SHARMA

JUDGEMENT

(1.) THE dispute in this appeal is between the paternal uncle and maternal uncle of minor sons of deceased Shri Rajinder Paul Sharma.

(2.) THE brief admitted facts of the case are that on 18.1.1998 the deceased Rajinder Paul Sharma met with an accident at Miseriwala and was crushed to death by a rashly and negligently driven truck No. JK02 -H 685 by Yash Paul Sharma respondent/driver. The deceased left behind two minor sons. A claim petition under sections 140/166 of Motor Vehicles Act was filed in the names of minors through their guardian maternal uncle Hans Raj on 17.3.1998. Subsequently on 19.5.1998 paternal uncle of the minors Tarsem Lal made another claim petition before the Motor Accident Claims Tribunal, Jammu by changing the names of minors and also making himself as one of the petitioners. In both the petitions, the petitioners received Rs. 50,000/ - as interim relief of compensation. Finally on 31.10.2002 the learned Tribunal made an award of Rs. 3,53,808/ - along with interest @ 9% per annum from the date of filing of claim petition till the payment is made. The Tribunal further made an arrangement of payment of Rs. 15,000/ - to the minor petitioners through their maternal uncle Hans Raj and directed to keep the remaining amount in fixed deposit in the names of minor petitioners in equal shares till they attain the age of 21 years. The learned Tribunal also directed the petitioner Tarsem Lal, paternal uncle of the minors, to return back the interim award amount received by him in his claim petition.

(3.) THE appellant Tarsem Lal being aggrieved by the award dated 31.10.2002 preferred the instant appeal in his own name and on behalf of minors for enhancement of the compensation and also claiming compensation for himself.