Daljeet Kaur vs Rajiv - 2023 Supreme(P&H) 3138

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3138

NIDHI GUPTA
Daljeet Kaur – Appellant
Versus
Rajiv – Respondent

Advocates Appeared:
Mr. Vikrant Singh Cooner, Advocate; For the Appellant

JUDGMENT

Nidhi Gupta, J.

Present appeal has been filed by the claimants seeking enhancement of compensation of Rs.17,83,000/- granted by Motor Accident Claims Tribunal, Ambala (hereinafter referred to as "the learned Tribunal") vide Award dated 16.03.2021 passed in MACP No.412 of 2018 filed under section 166 of the MOTOR VEHICLES ACT , 1988 (hereinafter referred to as "the Act"). The four claimants are the widow, two minor children and mother of deceased-Harjit Singh aged 37 years at the time of death.

2. Brief facts of the case are that the learned Tribunal on the basis of pleadings and evidence adduced before it concluded that deceased-Harjit Singh had died due to injuries suffered by him in a motor vehicular accident that took place on 28.08.2018 at about 8:30 am due to rash and negligent driving of Etios car bearing registration No.HR-01AH-7606 (hereinafter referred to as "the offending vehicle") being driven by respondent No.1, owned by respondent No.2 and insured by respondent No.3. Learned Tribunal awarded compensation as above along with interest @ 7.5% per annum from the date of claim petition till realisation.

3. Learned counsel for the appellants seeks enhancement of comp