Chameli Mittal vs Chahal Bus Service - 2023 Supreme(P&H) 2778

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2778

ARCHANA PURI
Chameli Mittal – Appellant
Versus
Chahal Bus Service – Respondent

Advocates Appeared:
Mr.Kamal Sehgal, Advocate; For the Appellant
Mr.R.K.Girdhar, Advocate for Respondent No.1.
None for Respondent No.2.
Mr.Lalit Garg, Advocate for Respondent No.3

JUDGMENT

Mrs. Archana Puri, J.

The present appeal has been filed by the appellants-claimants Chameli Mittal and Monika Mittal, at first instance, thereby, seeking enhancement of the compensation awarded by learned Tribunal, on account of death of Jagdish Rai Mittal, in a motor vehicular accident, which took place on 13.07.2005.

2. At the very outset, it is pertinent to mention that during the pendency of the appeal, Rajiv Mittal, son of deceased had also filed an application under Order 1, Rule 10 CPC, which was allowed and had, thereafter, joined the proceedings, vide separate order of even date.

3. On appraisal of the evidence, brought on record, learned Tribunal had granted compensation to the appellants-claimants to the extent of Rs.5,01,784/-, on account of death of Jagdish Rai Mittal.

4. So far as, the fact of accident and manner of taking place of the same, as well as the liability fastened upon the respondents, is concerned, suffice to make mention that, none of the persons, who have been so made liable, have filed any appeal and as such, this aspect, does not warrant further scrutiny.

5. In the present appeal, it was only the insurance company, who had made appearance throu