- (1.) Both these appeals have been taken up together for disposal as these arise from common award relating to the accident dated 09.05.1999 with truck bearing registration No. PB-04F-9632 (later referred to as 'the offending vehicle') which struck against canter bearing registration No. PB- 29-9673 (later referred to as 'the canter'), resulting in death of Angrej Singh son of claimants Nachhattar Singh and Lakhbir Kaur (MACT case No. 47 of 01.06.1999) and Sanjiv Kumar son of claimants Ram Pal and Sunita Rani (MACT case No. 48 of 01.06.1999). The appellants-claimants have sought enhancement of the compensation as awarded by Motor Accident Claims Tribunal, Moga (later referred to as 'the Tribunal').
(2.) The case of the claimants, in brief, is that on 09.05.1999, deceased Angrej Singh and Sanjiv Kumar were returning to Moga from Anandpur Sahib in the canter. There were about 20 occupants in the canter. When the canter reached near Buggipur Chowk, G.T. Road, Moga, the offending vehicle came from Barnala side, being driven in a rash and negligent manner and hit the canter. Angrej Singh and Sanjiv Kumar sustained injuries and were sent to Civil Hospital, Moga, where Sanjiv Kumar died and Angrej Singh was referred to D.M.C. Hospital, Ludhiana, but he also succumbed to the injuries on the way.
(3.) Respondents No. 1 and 2 contested the claim petitions with the averments that the accident took place due to rash and negligent driving of canter by its driver.;