- (1.) This is appeal filed by Baljit Singh and others (claimants) seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Chandigarh (later referred to as 'the Tribunal') for the death of Rana Singh in a motor vehicle accident with PRTC Bus No. PB-11-AB-7340 (later referred to as 'the offending vehicle'). Claimants are children of deceased-Rana Singh.
(2.) Case of claimants, in brief, is that on 18.06.2009, deceased was going towards Zirakpur from Banur on his motorcycle bearing registration No. HR-99-CB(T)-0850. At about 02.30 p.m., he reached near village Bassi Ishe Khan, Banur when the offending vehicle came from the side of Zirakpur. It was being driven by respondent no. 1-Avtar Singh in a rash and negligent manner. While overtaking, he hit the motorcycle of deceased who fell on the road and suffered multiple grievous injuries on vital organs resulting in his death at the spot. The matter was reported to the police vide FIR No. 66 dated 18.06.2009, registered at Police Station Banur, District Patiala. The deceased was 35 years of age and was self-employed doing dairy and agricultural farming, thereby earning Rs. 6000/- per month.
(3.) Respondents contested the claim petition inter alia pleading that deceased was driving the motorcycle in a rash and negligent manner under the influence of liquor. He could not control his motorcycle while overtaking another vehicle as a result of which his motorcycle skidded resulting in injuries to the deceased. It was denied that any accident had taken place with the offending vehicle.;