DHIRA BALA Vs. KARTAR KAUR

JUDGEMENT

(1.) We have heard learned counsel for the parties. We have also gone through the records of the case. The evidence in the case clearly discloses that the Truck No. PNJ 5112 was involved in the accident. From the unrebutted evidence of Public Witness 4, Puran Chand, who was one of the injured in the accident in question and the other circumstances, we are of the opinion that the accident took place on account of the negligence on the part of the driver of the truck and that Swaraj kumari died as a consequence thereof. The Motor Accidents Claims tribunal grievously erred in rejecting the claim for compensation. We, therefore, set aside the order passed by the Motor Accidents Claims tribunal, Jullundur in M. A. C. T. No. 17 of 1972 dismissing the claim petition and the order passed in F. A. No. 460 of 1978 on the file of the High court of Punjab and Haryana by which the High court dismissed the appeal filed against the order of the tribunal and award a sum of Rs. 50,000. 00 as compensation to the appellant (claimant) Dhira bala, daughter of the deceased Swaraj Kumari, along with interest thereon at the rate of 9 per cent per annum, with effect from 23/05/1972, on which date the claim petition was instituted before the tribunal till the date of payment. The respondents, including the insurer, the united India. Fire and General insurance Co. Ltd. are jointly and severally liable to pay the compensation with interest as directed above.

(2.) The civil, appeal is accordingly allowed. The appellant is also entitled to a 'sum of Rs. 2,000. 00 by way of costs from the respondents.