LAWS(MPH)-2010-9-80

SAVITA DEVI Vs. SUKHWINDER KAUR

Decided On September 03, 2010
SAVITA DEVI Appellant
V/S
SUKHWINDER KAUR Respondents

JUDGEMENT

(1.) THIS matter has come up before me as a third judge for deciding the following point of law due to difference of opinion between the constituent Judges of Division Bench :-

(2.) RELEVANT facts, in short, are that the; husband of claimant No. 1/appellant, namely, Mukesh Singh died at the age of 26 in an accident with tanker number DN09/9433. He received severe injuries and consequently died. Claimants, who were widow (Claimant No. 1), parents (Claimants No. 2 and 3) and brothers of the deceased (Claimants No. 4 and 5), submitted a joint claim petition under section 166 of the Motor Vehicles Act, 1988. Despite opposition, the Claims Tribunal on the basis of the evidence on record passed the award to the tune of Rs. 5,52,000/- in favour of the claimants in equal proportion.

(3.) IN view of the aforesaid difference: of opinion, the question of law mentioned hereinabove has been referred to me as third Judge.