ORIENTAL INSURANCE CO. LTD. AND ORS. Vs. CHARAN KAUR AND ORS.
LAWS(P&H)-2016-2-86
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 23,2016

Oriental Insurance Co. Ltd. and Ors. Appellant
VERSUS
Charan Kaur And Ors. Respondents

JUDGEMENT

Darshan Singh, J. - (1.) This judgment of mine shall dispose of both the appeals referred above, which have arisen out of the same award dated 02.08.2013 passed by learned Motor Accidents Claims Tribunal, Rupnagar (hereinafter called the 'Tribunal'), whereby the claimants - appellants of FAO No. 933 of 2014 have been awarded the compensation to the tune of Rs. 12,20,000/ - on account of death of Sher Singh in the motor vehicular accident which took place on 05.03.2012.
(2.) For the sake of convenience, the status of the parties shall be mentioned as per the claim petition.
(3.) In nutshell, as per the case of the claimants on 05.03.2012 deceased Sher Singh was coming from his village towards Kiratpur Sahib while travelling on tractor bearing registration No. PB -16C -5239 with proper care and caution and on the left side of the road. When he reached near the Government School village Massewal, then a truck bearing registration No. HP -12A -6721 came from the opposite side, which was being driven by respondent No. 2 Makhan Singh in a rash and negligent manner and struck against the tractor. As a result of which, Sher Singh received multiple serious injuries and succumbed to the injuries at the spot. The criminal case bearing FIR No. 19 dated 05.03.2012 was registered against respondent No. 2 at Police Station Kiratpur Sahib under Ss. 279/304 -A of the Indian Penal Code, 1860 (hereinafter called the 'IPC') with respect to this accident. It is further pleaded that the deceased was the only breadwinner of the family and was aged about 37 years at the time of his death. He was working as driver -cum -owner of the tractor and was also doing the agricultural work. He was also doing the dairy farming and was earning Rs. 25,000/ - per month. The claimants were dependent upon him. So, they have prayed for grant of compensation to the tune of Rs. 30,00,000/ - along with interest @ 12% per annum.;


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