NAVITA SINGH, J. - (1.) LEARNED counsel for the parties have been heard.
(2.) THIS appeal is preferred against the award dated 4.6.2003 passed by Motor Accident Claims Tribunal (Tribunal for short), Kurukshetra, whereby the present appellants were granted compensation to the tune of Rs.1,35,200/ - for the death of Chander Pal, who was husband of appellant No.1 and father of other appellants. The appellants have prayed for enhancement of the compensation amount. So far as the case of the appellants before the Tribunal was concerned, it is noticed that Tribunal did not give the facts of the petition filed by the present appellants. Their petition was decided by the same award along with another petition filed by parents of Pankaj, who had died in the same accident. Nothing was mentioned by the Tribunal as to how the death of Chander Pal had occurred so as to show what was the case in claim petition of the appellants. Giving the facts of the case relating to the death of Pankaj, the Tribunal simply observed that there was another petition No.47 which was filed by the present appellants for compensation of Rs.10 lacs on account of death of Chander Pal. The age and income of Chander Pal as alleged were given.
(3.) THOUGH the name Chander Pal is not given by the Tribunal while recording the facts of the case, it is clear from the grounds of appeal that he was the maternal grand -father of Pankaj who had died along with his grand -son i.e. Pankaj. The facts given by the Tribunal will, therefore, be read accordingly showing that on 16.2.2001, Pankaj along with deceased was going to Bhagwan Nagar, Pipli on moped bearing No.HR -07C -4440, which was being driven by Chander Pal. At about 10.30 a.m., when they reached near Geeta Dawara, respondent No.1 came from behind driving tractor No.HR -37 -8079 in a rash and negligent manner and struck against the moped. Chander Pal and Pankaj, both fell down. The former died at the spot while the latter succumbed to his injuries in PGI, Chandigarh. The age of the deceased was given as 59 years and his income as Rs.6000/ - per month;