Amol Rattan Singh, J. - (1.) These are two cross appeals, one filed by the claimants before the learned Motor Accident Claims Tribunal, Sangrur, and the other by the insurance company that had insured the vehicle, the driver of which was held responsible for negligence, that led to the accident in which Gurdas Singh, husband of claimant Baljit Kaur and father of claimants Lovepreet Singh and Amandeep Singh, lost his life. The 4th claimant was his mother, Gurdev Kaur. By the impugned Award dated 27.09.2011, the learned Motor Accident Claims Tribunal, Sangrur, awarded the appellants a total compensation of Rs. 13,65,000/ - alongwith interest thereupon, @ 7.5% per annum, running from the date of the filing of the claim petition, till the date of its actual realization.
(2.) The insurance company has not challenged the finding on the negligence of respondent No. 1, i.e. the driver of the "offending vehicle" (respondent No. 5 in the appeal filed by the claimants, i.e. FAO No. 4596 of 2012). It is only in appeal against the quantum of compensation awarded by the Tribunal. Consequently, since the finding on the accident having taken place due to the negligence of respondent No. 1, is not under challenge, the issue of the adequacy/inadequacy of the compensation awarded, is being taken up being obviously common to both the appeals, before which a brief background is necessary.
(3.) As per the facts taken from the impugned Award, deceased Gurdas Singh was going to Sangrur on 23.07.2011, on his motorcycle bearing registration No. PB -10 -CX -(T) -8477, stated to be followed on another motorcycle by Teja Singh and Mukhtiar Singh. When the motorcycle of Gurdas Singh reached the T -point of village Dhandoli Khurd at about 3:45 a.m., a truck bearing registration No. HR -63 -9875 is stated to have come from the opposite side, allegedly driven in a rash and negligent manner by respondent Sham Lal, which struck against the motorcycle of Gurdas Singh and dragged him and the motorcycle for about 10 karams (about 55 ft.), after which the motorcycle of Gurdas Singh is stated to have caught fire. Gurdas Singh suffered multiple injuries, with the motorcycle also being damaged. He was initially taken to the Civil Hospital at Sangrur but was referred from there to Dayanand Medical College and Hospital, Ludhiana, where he unfortunately succumbed to his injuries. At the time of his death, Gurdas Singh is stated to have been 35 years of age, owner of two trucks/"trallas" (colloquial term for a large truck), earning Rs. 25,000/ - per month, also being a "competent driver" himself. The claimants raised a claim of Rs. 35,00,000/ - against the respondents, for the death of Gurdas Singh in the accident.;