SHASHI AND ORS. Vs. JAI KRISHAN GUPTA AND ORS.
LAWS(P&H)-2016-1-40
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 11,2016

Shashi And Ors. Appellant
VERSUS
Jai Krishan Gupta And Ors. Respondents

JUDGEMENT

Surinder Gupta, J. - (1.) This judgment will dispose of above captioned two appeals filed by the claimants seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Jalandhar (later referred to as 'the Tribunal') for the death of their sons, namely; Anuj aged 23 years and Saurav aged 25 years in a motor accident with truck bearing registration No. JK -02 -E -7441 (later referred to as 'the offending vehicle').
(2.) Case of claimants, in brief, is that on 08.07.2007, at about 07.30 p.m., Anuj alongwith Saurav (brother), Vishal, Mayank and Jatin were returning from Vaishno Mata to Jalandhar in Indica Car bearing registration No. PB -08 -AZ -1054. Anuj was driving the car very carefully at normal speed. When they reached near village Dadua, Tehsil and District Reasi, Jammu and Kashmir, the offending vehicle came in a rash and negligent manner and hit the car of Anuj resulting in death of Anuj at the spot. Saurav received serious injuries and was brought to Dayanand Medical College, Ludhiana where he remained admitted from 10.07.2007 to 14.07.2007 and ultimately succumbed to his injuries. Vishal also received serious injuries. The accident took place due to rash and negligent driving of the offending vehicle by its driver i.e. respondent No. 2 -Girdhari Lal. The matter was reported to the police vide FIR No. 107 dated 08.07.2007, registered at Police Post Pauni, District Reasi, Jammu and Kashmir.
(3.) I have heard learned counsel for the parties and perused the paper -books and record of the Tribunal with their assistance.;


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