AVNEESH JHINGAN
Savitri Devi – Appellant
Versus
Ram Pal – Respondent
Avneesh Jhingan, J.
1. This is an appeal arising out of award dated 11.10.2003 passed by Motor Accident Claims Tribunal, Karnal (hereinafter referred to as the 'Tribunal'). The widow, two minor daughters and two minor sons of deceased Mohinder Singh filed the claim petition before the Tribunal. The Tribunal allowed a total claim of Rs.3,16,500/- to the claimants. Aggrieved of the said order, the present appeal has been filed for enhancement of compensation.
2. The brief facts necessary for adjudication of the present appeal are that on 4th March, 2002, Mohinder Singh (deceased) at around 8.00 p.m. started from shop from Assandh town and was going towards his house situated on Assandh-Salwan Road. While crossing the road, he was struck by the 'Yamaha' Motorcycle bearing registration No. HR-40-8743. The said motorcycle was being driven by Dr. Ram Pal in a rash and negligent manner at a very high speed. Due to impact, the deceased sustained multiple injuries on vital parts of his body and ultimately succumbed to the injuries on the spot. The motorcycle was owned by Sanjay Goel and was insured with New India Assurance Company Ltd.
3. The Tribunal on the basis of the evidence and
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