SUMAN LATA Vs. AVTAR SINGH

JUDGEMENT

(1.) This appeal arises out of the award of the Motor Accidents Claims Tribunal, Kapurthala, in M.A.C.T. Case No. 53 of 11.10.1990. The claim was filed by the appellant and respondent No. 3 because of the death of Surinder Kumar Chopra, husband of the appellant and son of respondent No. 3 in the accident which took place on 18.9.1990 at 11.00a.m. near village Mehra, District Jalandhar. The accident had taken place on the G.T. Road. The case of the appellant-petitioner is that the deceased was going on the scooter. A Maruti van was going ahead of the scooter. The four-wheeler bearing No. PB-08- A-1249 came from the opposite side. The four-wheeler was being driven at rash speed by Avtar Singh, respondent No. 1. It is contended that the four-wheeler was being driven in a rash and negligent manner and it came on the wrong side of the road and struck against the Maruti car causing damage to it and injuries to the passengers of the car and after striking the Maruti car, the four-wheeler struck against the scooter of the deceased which was going behind the Maruti car. The four-wheeler dragged the scooter and the deceased towards the roadside pits and the four-wheeler fell into a pit.

(2.) The claim petition was contested by the respondents. On merits, respondent No. 1 denied the allegations stating that the car was coming from Jalandhar to Phagwara side with a high speed rashly and negligently. This Maruti car was being closely followed by scooter being driven by the deceased with high speed. The deceased was trying to overtake the Maruti car. The Maruti car struck against the four-wheeler and at that time the four-wheeler was on its correct side and its speed was low. In the meantime, the scooter being driven by the deceased struck with Maruti car on its back portion and fell down.

(3.) After recording the evidence and hearing the arguments, the Tribunal was pleased to dismiss the claim petition by its award dated 11.3.1992. The claim petition was dismissed because of the decision on issue No. 3 against the claimant-appellant. The appellant filed F.A.O. No. 655 of 1992. When it came for hearing on 18.3.94 it was ordered that the case be remanded to the Motor Accidents Claims Tribunal, Kapurthala, for deciding issue No. 6 regarding quantum of compensation afresh because it was not decided by the Tribunal. After this order, the Tribunal decided the same on 14.6.1994 vide its judgment, Annexure P/3. The present appeal was filed after the judgment Annexure P/3.