SUDEEPTI SHARMA, J.

FAO-7335-2018

The present appeal has been preferred by the appellant Insurance Company against award dated 07.07.2018 passed in a claim petition filed under Section 166 & 140 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Jind (for short, 'the Tribunal'), wherein the claim petition filed by respondents No.1 to 3 was allowed and liability to pay the compensation was fastened upon the appellant-Insurance Company on the ground that issue No.1 is not rightly decided by the learned Tribunal and compensation awarded by learned Tribunal is on higher side.

XOBJC-19-2019

The present cross-objection has been preferred by respondents No.1 to 3/cross-objectors/claimants against the award dated 07.07.2018 passed in the claim petition filed under Section 166 & 140 of the Motor Vehicles Act, 1988, by the learned Motor Accident Claims Tribunal, Jind for enhancement of compensation, granted to respondents No.1 to 3/cross objectors to the tune of Rs.31,06,322/- along with interest @ 9% per annum on account of death of deceased-Krishan Chand in a motor vehicular accident, occurred on 14.05.2015.

BRIEF FACTS OF THE CASE

Brief facts of the case are that Krishan Chand since deceased was driver on Bus No. HR-45B-9177 of Haryana Roadways Karnal Depot at Chandigarh to Delhi route and Manjit son of Raj Singh was conductor on the bus. On 14.05.2015, at about 11.30 a.m. he started his journey from Chandigarh to Delhi and he was driving the bus at normal speed on the left hand side of the road by observing traffic rules. At about 4.15 pm when they reached in the vicinity of village Iarsoli, P.S. Murthal, in the meanwhile offending bus bearing registration No. PB-01A-4848 came from the back side at a very fast speed and while being driver in a rash and negligent manner by respondent no.1 - Amrit Pal, crossed the bus of Krishan Chand. After crossing the bus, respondent No.1 suddenly applied breaks ahead of the bus of Krishan Chand without giving any indicator and turned his bus towards the side of Shish Mahal Hotel through unauthorized cut of divider of GT Road. Krishan Chand (since deceased) tried to save his bus, but due to sudden breaks of offending bus, he dashed in the back side of the offending bus. Due to this, the bus of Krishan Chand fell in to the road side ditches and struck against the iron grill/rods. As a result of which, Krishan Chand received multiple, serious and grievous injuries on various parts of his body. After causing the accident, respondent No.1 succeeded to escape from the spot by leaving the offending bus at the place of accident. He was shifted to GH Sonepat where he was declared brought dead by the doctors. It has been alleged that the accident took place due to the rash and negligent driving of offending vehicle by respondent no.1. On the complaint of Manjeet, a criminal case bearing FIR No.180 dated 14.05.2015, u/s. 279 and 304A IPC was registered at P.S. Murthal against respondent No.1.

Upon notice of the claim petition, respondents appeared and contested the claim petition by filing their separate written replies denying the factum of accident/compensation.

From the pleadings of the parties, the Tribunal framed the following issues:-

“1. Whether the accident in question took place on 14.05.2015 resulting in the death of Krishan Chand due to rash and negligent driving of bus bearing registration No. PB-01A-4848 driven by respondent No.1 as alleged in the petition ? OPP

2. If issue No.1 is proved in the affirmative, what amount of compensation the petitioners are entitled to and from whom ? OPP

3. Whether respondent No.1 was not holding a valid and effective driving licence at the time of accident and respondent no.2 has violated the terms and conditions of insurance policy? OPR3

4. Relief.”

Thereafter, both the parties led their evidence in support of their respective pleadings.

After taking into consideration the pleadings and the evidence oral as well as documentary on record, the le