BALBIR KAUR (SMT.) & ORS. Vs. HIMACHAL ROAD TRANSPORT CORP. & ANR.
LAWS(RAJ)-2014-6-30
HIGH COURT OF RAJASTHAN
Decided on June 30,2014

Balbir Kaur (Smt.) And Ors. Appellant
VERSUS
Himachal Road Transport Corp. And Anr. Respondents

JUDGEMENT

SANDEEP MEHTA,J. - (1.) The misc. appeal for enhancement has been filed by the claimants, the legal heirs of the deceased Paramjeet Singh under Section 173 of the Motor Vehicles Act (for short hereinafter called; "the Act") against the award dated 7.8.2001 passed by the M.A.C.T., Sri Karanpur in Claim Case No. 90/1997 whereby the claim application filed by the appellants under Section 166 of the Motor Vehicles Act was partly allowed and they were granted compensation to the tune of Rs. 2,25,000 on account of death of Shri Paramjeet Singh in a road accident.
(2.) Facts in brief are that husband of the appellant No. 1 late Shri Paramjeet Singh aged 25 years was going on a Maruta (Jugar) near the Chak 7 EEA on 20.6.1996 in the night at about 8 O'clock. It is alleged that a Bus No. HP 38/2454 owned by Himachal Pradesh Road Transport Corporation being driven in a rash and negligent fashion by its driver Girdharilal collided with the Maruta. Paramjeet expired at the spot due to the injuries received in the accident.
(3.) The claimants filed a claim application as stated above under Section 166 of the Motor Vehicles Act which was partly allowed holding the driver of the Roadways bus responsible for causing the accident by driving the vehicle rashly and negligently. The claim was partly allowed as against the claimed compensation of Rs. 25,25,000 and the claimants were awarded a sum of Rs. 2,25,000 as compensation. The appellants have approached this Court by way of this appeal seeking enhancement in the compensation awarded to them.;


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