- (1.) By this common judgment, I will dispose of two connected appeals bearing FAO Nos.818 and 822 of 2000 filed by the claimants arising out of the same award dated 19.11.1999 passed by Motor Accident Claims Tribunal, Patiala (for short, 'Tribunal'). On 13.1.1996, at about 9.30 p.m. Chander Vir aged about 24 years, was driving his moped bearing registration No.PJR-3741 belonging to his employer. Ram Pal aged about 18 years, was riding the pillion. When they reached near the traffic lights of bus stand Patiala, a truck bearing registration No.PB-11-C-2065 came from Rajpura side rashly and negligently and hit the moped. Tarsem Lal respondent was driving the truck. As a result of the accident, Ram Pal was run over by the truck and he died at the spot whereas Chander Vir received injuries. The LRs of Ram Pal filed MACT Case No.10 of 27.2.1996 and Chander Vir filed MACT Case No.11 of 27.2.1996. Respondents No.1 and 2 took the stand that Tarsem Lal was driving the truck in a safe manner. He was to go from Zirakpur to go to Rakhra via Patiala at 7 p.m. There was a crossing near the traffic lights of bus stand Rajpura-Patiala road. An orange blinker was on. The truck driver slowed down but the moped came from the left side very rashly. Tarsem Lal took all the precautions to save the moped driver by applying the brakes but accident occurred solely due to rash and negligent driving of the moped driver. Respondent No.3-Insurance Company took the plea that driver of the offending truck was not holding the valid driving license and that accident took place due to rash and negligent driving of the driver of the moped. All other legal objections were also taken.
(2.) From the pleadings of the parties, following issues were framed: 1. Whether the death of Ram Pal and injuries to Chander Vir were caused by the rash and negligent driving of truck No.PB-11-C-2065 by Tarsem Lal respondent No.1 on January 13, 1996 at 9.30 p.m. OPA. 2. To what amount of compensation are the claimants entitled and from whom OPA. 3. Whether Tarsem Lal respondent No.1 did not possess a valid driving licence OPR. 4. Relief.
(3.) The trial court while allowing the claim petition under Section 166 of Motor Vehicles Act, 1988 granted compensation of Rs. 2,40,000/- to the LRs of deceased Ram Pal. The Trial court also allowed Rs. 40,000/- as compensation to Chander Vir injured. Both the claimants are not satisfied with the quantum of compensation and have come up in separate appeals. I have heard learned counsel for the parties and have also gone through the case file carefully.;