Daya @ Dayawanti vs Arjun - 2023 Supreme(P&H) 707

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 707

SANJAY VASHISTH
Daya @ Dayawanti – Appellant
Versus
Arjun – Respondent

Advocates appeared:
Mr. Bhisham K. Majoka, Advocate the appellant(s).
Mr. R.C. Kapoor, Advocate for respondent No.3 – Insurance Company.

SANJAY VASHISTH, J.

1. The present appeal has been filed by the appellant/petitioner/claimant (hereinafter referred as ‘claimant’) in MACT Case No. 62 of 2005, dated 19.04.2005, for modification of award dated 28.02.2007, passed by Ld. Motor Accidents Claims Tribunal, Karnal (hereinafter referred to as ‘Ld. Tribunal’) by way of seeking enhancement of amount of compensation, on account of death of deceased - Sarwan Kumar.

2. There was only one claimant in the MACT case that is Smt. Daya alias Dayawanti, who is widow of the deceased – Sarwan Kumar. In the present appeal before this Court, she is seeking enhancement of compensation awarded by Ld. Tribunal on account of death of her husband Sarwan Kumar in a motor vehicular accident.

3. Briefly stated facts of the case are that on 10.01.2005, at 05:00 p.m., deceased left for Delhi in his truck bearing No. HR-38-BG-5027 from Punjab. Near brick kiln of village Sambli on Dhand to Karnal Road, at about 09:00 p.m., one canter bearing registration No. HR-64-0903 coming on the left side of the road dashed into the truck of the deceased. Sarwan Kuma