SURINDER GUPTA, J. - (1.) The appeals captioned above have been taken up together for disposal as both arise from award dated 19.03.2012 passed in claim petition bearing MACT No.000071 of 04.05.2006 passed by Motor Accident Claims Tribunal, Chandigarh (later referred to as 'the Tribunal'). FAO No.3602 of 2012 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal while New India Assurance Company-insurer of the Canter bearing registration No.PB-04-2104 involved in the accident (later referred to as 'the offending vehicle') has filed FAO No.4398 seeking dismissal of the claim petitioner and setting aside the award passed by the Tribunal.
(2.) Before proceeding further, it will be relevant to take note of the fact that an appeal was also filed by M/s. Sham Industries, owner of the offending vehicle bearing FAO No.1646 of 2013, which was dismissed as withdrawn. As per the findings of the Tribunal on issue No.2, insurance company was given right to recover the compensation amount against owner of the offending vehicle M/s. Sham Industries.
(3.) The case of the claimants, in brief, is that on 08.10.2005, Navtej Singh, husband of claimant No.1, father of claimants No.2 and 3 (both minors) and son of claimant No.4-Avtar Singh met with an accident with the offending vehicle which was being driven in a rash and negligent manner by respondent No.1 and received serious grievous injuries. At the time of accident, deceased was on his motorcycle with his father Avtar Singh and was going from Moga to Jalalabad East. The deceased received injuries while his father fell on the kacha portion of the road and got saved. The deceased was immediately shifted to Amrit Hospital, Moga by Mohinder Singh, who came to the spot, from where he was referred to D.M.C. Hospital, Ludhiana. He succumbed to the injuries there on 21.10.2005.;