LAWS(RAJ)-2014-11-85

PRAMODLATA Vs. KISHAN LAL

Decided On November 27, 2014
Pramodlata Appellant
V/S
KISHAN LAL Respondents

JUDGEMENT

(1.) THE common factual matrix of both the cases is that on 04th October 1991 the respondent No. 1, who was rashly & negligently driving the vehicle bearing No. GAD -5835, hit the motorcycle, bearing No. RJ27 -1M -2644 from the rear, whereon appellant No. 1 Smt. Pramodlata and her husband Shri Satish Chandra Kulshreshtra were riding. While the appellant No. 1 sustained multiple injuries, her husband eventually succumbed to the injuries in the hospital.

(2.) A Claim Petition No. 371/1991 was filed by the appellants for compensation for a sum of Rs. 22,78,200/ - on account of vehicular accident of Shri Satish Chandra Kulshreshtra who died in the said accident. Two other Claim Petitions were also filed, one (No. 372/1991) - by the injured Smt. Pramodlata for compensation and the other (No. 373/2991) - by Rajeev, owner of the motorcycle for damage caused to his vehicle.

(3.) ON the basis of the pleadings of the parties, the learned Tribunal framed the necessary issues. In support of the claim petitions, the claimants got themselves examined as AW1 Smt. Pramodlata, AW2 Rajeev as well as produced documentary evidence Exhibits 1 to 34. In rebuttal, no evidence was led by the respondents.