NEW INDIA ASSURANCE CO. LTD. Vs. SURINDER KAUR

JUDGEMENT

(1.) BY this judgment I dispose of three appeals : FAO Nos. 891 The New India Assurance Co. Ltd. v. Surinder Kaur etc.), 892 (The New India Assurance Co. Ltd. v. Bant Singh etc.), 993 (Surinder Kaur etc. v. M/s. Moga Balwa Bus Service (Regd.) Ludhiana, etc.), all of 1998, as all these appeals have arisen from the award dated 22.1.1998, passed by the MACT, Faridkot, who allowed the applications of the claimants, Surinder Kaur, Navpreet Singh, Sukhpreet Singh and Amarjit Singh and awarded a sum of Rs. 9,84,000/-, in equal shares, on account of death of Iqbal Singh, along with interest @ 12% per annum from the date of filing of the claim petition, i.e. 25.11.1992, till actual realisation.

(2.) THE brief facts of the case are that the claim petition was filed by Surinder Kaur, Navdeep Singh, Sukhpreet Singh and Amarjit Singh, and it was alleged by the claimants that the accident took place on 23.10.1992, which resulted between bus No. PAB-8755 and Canter No. PB-03-2112, being driven by respondent No. 2-Balwinder Singh and respondent No. 3-Gurdeep Singh, respectively, in a rash and negligent manner. According to the claimants, the accident took place at about 9/9.30 a.m. Iqbal Singh, deceased, was travelling in bus No. PAB-8755, belonging to respondent No. 1-M/s Moga Balwa Bus Service, registered at Ludhiana, which was being driven rashly and negligently. The bus was going from Moga to Badhni and when it was at a short distance from village Dosanj, a Canter bearing registration No. PB-03-2112, being driven by its driver-Gurdeep Singh rashly and negligently, struck against each other, as a result of which, Iqbal Singh, who was sitting on a seat in the bus, received injuries and he died. Other passengers also received the injuries. According to the claimants, the deceased was working as Manager in the Punjab and Sind Bank, Nihal Singh Wala. He was earning Rs. 8,216.04 per month and he was aged about 45 years at the time of his death. The claimants claimed the compensation to the tune of Rs. 12 lacs.

(3.) ON merits, it was the stand of the Insurance Co. that the claimants were not entitled to any type of compensation.