RAKESH KUMAR ARORA Vs. BALWANT SINGH

JUDGEMENT

(1.) This F.A.O. has been filed by Rakesh Kumar Arora, owner of vehicle No. HR 41-3347 and has been directed against the award dated 1.8.1998 passed by Motor Accidents Claims Tribunal, Kurukshetra, which awarded a sum of Rs. 1,00,000 to claimant Balwant Singh. However, it was ordered by the Tribunal that the amount of compensation shall be paid by the present appellant. Out of the awarded amount of Rs. 1,00,000, a sum of Rs. 10,000 each were ordered to be paid in cash to Balwant Singh and Kaushlya Devi and Rs. 80,000 were ordered to be deposited in FDR for a period of 3 years.

(2.) The brief facts of the case can be noticed in the following manner: The claim petition was filed by Balwant Singh, who claimed a sum of Rs. 10,00,000 by way of compensation along with interest on account of death of Virender Singh alias Rinku, who died in a vehicular accident on 5.2.1997. The case set up by Balwant Singh is that his son was about 14 years of age and was a student of 8th class. He was his only son and had a brilliant academic career. The claimant had four daughters. On 5.2.1997 Virender Singh alias Rinku did not go to school. His elder daughter Sharanjit Kaur and Avinash Kaur, daughter of his sister-in-law were in the house when Karan Arora came in his car and asked Virender Singh alias Rinku to accompany him to Pipli. At the first instance the deceased refused to accompany him but later on accompanied him. It is the case of the claimant that when his son and Karan Arora reached on the G.T. Road and turned towards Pipli from Umri Chowk, at that time Karan Arora was driving the car negligently, at a high speed and overtook the car of his son-in-law, namely, Kulwant Singh and struck the car near T-point. The car overturned and Virender Singh alias Rinku fell down. He was taken to Civil Hospital with the help of Kulwant Singh where he was declared dead. According to the claimant the accident took place due to rash and negligent driving of car by Karan Arora. With these allegations a compensation of Rs. 10,00,000 was claimed.

(3.) The claim petition was contested by respondents. The stand taken by Rakesh Kumar Arora (now appellant), owner of the vehicle was that Karan Arora was minor on the date of accident. The car in question was insured with United India Insurance Co. Ltd., Ambala and the liability, if any, is that of the insurance company. It was also the stand of the owner of the vehicle that, in fact, the vehicle was being driven by the deceased at the time of accident and a false story has been concocted. It was also pleaded that the deceased knew where the keys of the car had been kept in the house and, therefore, he broke open the lock and took the car for a ride. According to him, it was the deceased who was driving the car and all of a sudden he lost control due to inexperience and caused the accident and sustained multiple injuries.