ASHOK KUMAR Vs. CHANDRA MOHAN CHAMOLI

JUDGEMENT

(1.) Both these appeals are directed against common award dated 15.2.2002 passed by Motor Accident Claims Tribunal, Hindaun City ("Tribunal") in MACT Case Nos. 120/98 and 113/98, having arisen out of same accident in which their parents died, as such are being disposed of by this common order. Instant appeals have been filed by claimants (three sons) seeking enhancement of compensation awarded by Tribunal.

(2.) Under the impugned award, the Tribunal awarded a sum of Rs. 1.5 lacs in Case No. 113/98 and Rs. one lac in Case No. 120/1998 as compensation respectively for the death of Rameshwar (father) and Geeta (mother), who are parents of three major sons (claimants). On 7.5.1998 while they were travelling in offending Bus No. UP/07/G/0513 for pilgrimage to Badrinath Dham and on return to Rishikesh, near village Lagasu PS Karanprayag, due to rash and negligent driving by its driver, the Bus fell into Alknanda river, thereby both of them died in the accident.

(3.) Two claim petitions, supra, were separately filed by three major sons of deceased Rameshwar and Geeta aged 52 and 50 years. As alleged in claim petition, she was having income from profession of tailoring but as there was no documentary evidence on record except their oral statement, the Tribunal awarded lumpsum compensation of Rs. one lac. However, as regards Rameshwar, he was working as Class IV employee in Municipal Council having monthly income of Rs. 2,755 as is evident from salary certificate (Ex. 12) and for his death of the Tribunal awarded lumpsum compensation of Rs. 1.5 lacs.