JUDGMENT :

SUDEEPTI SHARMA, J .

1. Both the appeals, as noticed above, are being disposed of by this common judgment, having arisen out of the impugned award dated 03.10.2022 passed by the learned Motor Accidents Claim Tribunal, Kurukshetra, whereby the claimants were awarded compensation to tune of Rs.41,19,004/- along with interest @7.5% per annum and the Insurance company was held liable to pay the compensation to the claimants.

2. The appeal, i.e. FAO-647-2023, has been preferred by the appellant- Insurance Company against the Award dated 03.10.2022 passed by the learned Tribunal in the claim petition under Section 166 of the Motor Vehicles Act, 1988, whereby the claim petition filed by the respondent No.1 to 5/claimants was allowed and the appellant-Insurance company was held liable to pay the compensation to them to the tune of Rs.41,19,004/- along with interest @ 7.5% per annum.

3. The appeal, i.e. FAO-319-2023, has been preferred by the appellants/claimants against the Award dated 03.10.2022 passed by the learned Tribunal in the claim petition under Section 166 of the Motor Vehicles Act, 1988, for enhancement of compensation, granted to them to the tune of Rs.41,19,004/- along with interest at the rate of 7.5% per annum, on account of death of Husan Pal, occurred on 29.11.2020.

FACTS NOT IN DISPUTE

4. Brief facts of the case as per claim petition are that on 29.11.2020, Husan Pal (since deceased) was going from Ansal City, Kurukshetra towards his village Rattan Dena on motor cycle bearing registration No.HR-41H-1325 as pillion rider, which was being driven by Gurmail Singh (PW-3) at moderate speed, in accordance with road safety and traffic norms. Jaswant Singh (PW-2) was following them on separate motor cycle bearing registration No.HR-07X. 9996. At about 6.00 P.M., they were coming towards sector 2-3 bridge through service lane and reached in front of Dera Sacha Sauda Satsang Ghar, in the meantime, car bearing registration No.PB-02-CG-1767 came from opposite side, which was being driven at high speed, rashly and negligently by respondent no.1. The driver of the same lost control over the vehicle, came on the wrong side and hit into the motor cycle being driven by Gurmail Singh, as a consequence thereof, they fell down. Husan Pal suffered multiple serious injuries on various parts of his body whereas Gurmail Singh suffered minor injuries. After the accident, motor cycle of Jaswant Singh, who was following them, was also hit side ways by driver of car, consequently, Jaswant Singh also suffered injuries. Immediately after the accident, Husan Pal was rushed to LNJP Hospital, Kurukshetra in an Ambulance but on account of his delicate medical condition, he was referred to PGI, Chandigarh, where he succumbed to his injuries on 10.12.2020.

5. Upon notice of the claim petition, respondents appeared and admitted the factum of compensation.

6. From the pleadings of the parties, the following issues were framed by the learned Tribunal :-

“1. Whether Husan Pal died due to injuries suffered in the accident dated 29.11.2020 caused by rash and negligent driving of car bearing registration No.PB-02CG-1767 by respondent no.1 as alleged?OPP.

2. Whether the claimants in the present claim petition are entitled to compensation, if so how much and from whom?OPP

3. Whether the respondent no.1 has violated the terms and conditions of the insurance policy, if so to what effect? OPR-2.

4. Relief.”

7. After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to the claimants. However, the Insurance Company was held liable to pay the compensation. Hence, the Insurance Company preferred appeal bearing FAO No. 647-2023 challenging the award as well as quantum of compensation being on higher side. The claimants have also preferred FAO No. 319-2023 seeking enhancement of the compensation amount awarded by the learned Tribunal. Hence, the present appeals.

SUBMISSION OF LEARNED COUNSEL FOR THE PARTIES.

8. Lea