JAGJIT KAUR Vs. HARISH CHANDER OHRI

JUDGEMENT

(1.) THIS appeal has been filed by Jagjit Kaur and others against the award made by Motor Accidents Claims Tribunal, Chandigarh, on 16. 10. 1985. The Tribunal allowed a sum of Rs. 15,000/- under Section 92-A of the Motor Vehicles Act, 1939 (Old Act) with 12 per cent interest from the date of filing of the claim, i. e. , January 31, 1984 till payment. Regarding the remaining claim, the petition was dismissed. Cross-objections have been filed by the insurance company.

(2.) THE accident took place on November 6, 1983 at about 10. 00 a. m. Daljit Singh was going on a scooter along with his wife Jagjit Kaur and minor child on Chandigarh-Mohali Road. When they reached near village Polsora, they noticed one bus parked on the roadside. When they were in the process of overtaking the said bus, it started. The rear portion of the bus hit the scooter with the result that Daljit Singh and his family members fell on the road. Daljit Singh fell towards the right side whereas others on the other side. In the meantime, a car No. PUF 93 came from the opposite direction. It overrun Daljit Singh resulting in his death. On these allegations, Jagjit Kaur, widow of the deceased and the minor child, Amarjit Singh (now major) and Ramandip Singh filed claim petition under Section 110-A of the Old Act before the Tribunal. The accident was denied on behalf of the owner-driver of the car. He gave his own version that at the relevant time, after Daljit Singh had been hit by the bus which was parked, another bus was going ahead of the car. The car stopped after the accident and noticing that Daljit Singh had already died and others had suffered minor injuries, they left the spot. In other words, it was denied that the accident took place due to rash and negligent driving of the car. The following issues were framed by the Tribunal: (1) Whether Daljit Singh died in a motor vehicle accident on 6. 11. 1983, as a result of rash and negligent driving of car No. PUF 93, driven by Dr. Harish Chander, respondent No. 1, if so, what is its effect? (2) If issue No. 1 is proved, to what amount of compensation are the claimants entitled and if so, against whom? (3) Whether Inder Singh, father and Kartar Kaur, mother of Daljit Singh deceased are necessary parties to this claim petition? If so, what is its effect? (4) Relief.

(3.) UNDER issue No. 1, though it was held that there was no rash or negligent driving of the car, however, certain observations were made that the car was involved in the accident. On issue No. 2, it was held that only Rs. 15,000/- were payable to the claimants on account of no fault liability. Under issue No. 3, no finding was given except it was noticed that parents of the deceased were impleaded as respondents, namely, Inder Singh and Kartar Kaur.