JAGRUP SINGH Vs. ASHWANI KUMAR

JUDGEMENT

(1.) Instant appeal for enhancement of compensation amount has been preferred by the appellants-claimants against the award dated 01.06.2000 passed by the Motor Accident Claims Tribunal, Sri Ganganagar in Civil Misc. Case No.174/1998, whereby, the learned Tribunal while partly allowing the claim petition of the claimants, granted compensation in the tune of Rs.1,45,000/- along with interest @ 12% per annum from the date of filing of the claim petition till its recovery.

(2.) Briefly stated the facts of the case are that appellant No. 3- Paramjet Kaur, appellant No.6 Bhola Singh and appellant No.7- Tarsam Singh accompanied with Sukh Chain Singh and the deceased Balbeer Kaur were going from Palewali Dhani to Village Ghunduwala in a Jeep bearing registration No.3369. The said jeep was being driven by Lekhram, who was also the owner of the said jeep. When the said jeep reached near Lalgarh Cantt, suddenly the respondent no.2-Amar Chand, the driver of the another jeep bearing registration No.6368 who was coming from the opposite direction, while driving the said jeep rashly and negligently, collided with the jeep No.3369 resulting that Balbeer Kaur fell down and sustained head injury. She was escorted to hospital but she died on the way. A case was registered against Amar Chand, the owner and driver of the Jeep bearing registration No.6368, wherein Police after investigation filed a charge-sheet against him.

(3.) Jagrup Singh, the husband of deceased Smt. Balbeer Kaur, his sons and daughters filed the claim petition under Section 166 of the Motor Vehicles Act. The driver-cum-owner of the truck involved in the accident as well as the insurer of the jeep were impleaded as non-claimants to the claim petition. A total compensation of Rs.10,50,000/- was claimed under various heads.