PRITAM PAL,J - (1.) THE above mentioned two appeals, one bearing FAO No. 193 of 1994 by the claimants for enhancement and the other bearing FAO No. 733 of 1994, by driver and owner, for shifting the liability to pay the awarded amount of compensation of the Insurance Company, are directed against one and the same award dated 24.9.1993, whereby, a total compensation of Rs. 2,40,000/- was awarded to the claimants on account of death of Gurtej Singh (28 years), who died in a vehicular accident on 24.8.1990.
(2.) IN nutshell, facts culminating to the commencement of these appeals may be recapitulated thus : On 24.8.1990 at about 2.00 p.m., Gurtej Singh (since deceased) was going on a bicycle to his fields and when he reached near the Canal bridge of Jogipeer, at the time, Bikkar Singh, driver, came there while driving his tractor bearing registration No. PCT 5973, in rash and negligent manner. The tractor hit against the bicycle of Gurtej Singh (since deceased) despite the fact that he (Gurtej Singh) turned his cycle towards the kacha portion on the left side of the road. As a result of this accident, head of Gurtej Singh was crushed. After the accident, Bikkar Singh, driver had run away from the place of accident. Gurtej Singh died on the same day. The matter was ultimately reported to the police.
(3.) FURTHER , the case of the claimants before the Motor Accident Claims Tribunal, Bhatinda (hereinafter referred to as "the Tribunal") was that Gurtej Singh was earning an amount of Rs. 1,00,000/- per annum from his agricultural pursuit as well as dairy farming. Claimants, namely, Inderjeet Kaur (widow) and three minor children of deceased Gurtej Singh, sought a total compensation of Rs. 5,00,000/- along with interest at the rate of 18% per annum.;