Amol Rattan Singh, J. - (1.) This is an appeal filed by Apurva Kalia, the son of Miran Kalia, who unfortunately died at the age of 46 years, in a motor vehicle accident that took place on 26.11.1993 near Patiala, involving Maruti Car bearing registration No.HNE -9620 and a truck bearing registration No.PJU -7127. Miran Kalia was travelling in the car, which was driven by respondent No. 5, owned by respondent No. 6 and insured by respondent No. 7. The truck was driven by respondent No. 1, was owned by respondents No. 2 and 3 and was insured by respondent No. 4. Four other claim petitions were also filed before the learned Motor Accident Claims Tribunal, Patiala, by those injured in the said accident, which were all decided by a common Award dated 90.02.2001. However, no appeal filed by the claimants in those claim petitions, has been brought to the notice of this Court.
(2.) After detailed consideration of the evidence, on the issue of whether negligence in causing the accident was that of respondent No. 1 or respondent No. 5, the learned Tribunal held that it was respondent No. 1, i.e. the driver of the truck, who was guilty of negligence. No appeal filed by respondents No. 2 and 3, or by the insurance company that had insured the said truck (respondent No. 4), is shown to have been filed before this Court, even though that query was put to learned counsel for the respondents. Hence, this Court is only to decide the issue of whether or not the appellant in this appeal is entitled to enhancement of compensation, as claimed by him.
(3.) The appellant had claimed a compensation of Rs. 20,00,000/ - in his claim petition, stating that his mother, aged 46 years, was drawing Rs. 9000/ - per month as salary, being a Reader in the Punjabi University, Patiala, and was a Ph.D. by qualification. He also claimed that she was to retire at the age of 60 years and would have been promoted as a Professor if she had continued to live. It was further claimed that his parents having divorced each other, he was the only legal heir and claimant to the compensation. That fact was accepted by the Tribunal, upon production of a judgment of this Court, passed in FAO No. 92 -M -1989, granting a decree of divorce to Miran Kalia and her husband Gopal Kishan Kalia.;