JASDEEP SINGH Vs. NAFE SINGH

JUDGEMENT

(1.) By this judgment I dispose of as many as 5 F.A.F.Os. No. 1939 of 1996 (Jasdeep Singh v. Nafe Singh), No. 1990 of 1996 (Jasdeep Singh v. Nafe Singh), No, 1991 of 1996 (Jasdeep Singh v. Nafe Singh), No.. 1992 of 1996 (Balwant Singh v. Nafe Singh) and No. 1993 of 1996 (Sunny v. Nafe Singh), as in my opinion all the 5 appeals can be disposed of by one judgment because common question of law and fact arise in these cases and moreover all the five appeals have come from one award and one accident. For the sake of facts, I am taking them from F.A.F.O. No. 1993 of 1996 titled Sunny v. Nafe Singh.

(2.) Before the Tribunal as many as ten claim petitions were filed and the rights of all the claimants were adjudicated. Five claimants did not file any appeal against the award dated 11.3.96 passed by Motor Accidents Claims Tribunal, Karnal. Only five claimants have filed appeals in the High Court and their appeals I am going to dispose of with the assistance rendered by the learned counsel for the parties.

(3.) Some facts can be noticed in the following manner: On 12.6.1994, nine persons were travelling in a Matador bearing the registration No. PB 10-J 9437, Ghuminder Singh was driving the said vehicle and all the persons were coming from Delhi to Ludhiana. At about 6.45 a.m. when the vehicle reached near Truck Union on bypass, Karnal, the Matador crossed a truck going ahead of it. In the meantime, a bus bearing registration No. HR 26-A 1193 driven by Nafe Singh came from the opposite direction at a fast speed, in a rash and negligent manner and rammed into the Matador. In this occurrence Resham Pal Singh, Harvinder Kaur, Bhajan Kaur and Ghuminder Singh died. Zora Singh, Jasdeep Singh, Sunny alias Hardeep Singh, Balwant Singh and Baby Harpreet Kaur Virk received injuries. The accident was reported to the police by Baiwant Singh and F.I.R. No. 385 dated 12.6.1994, Exh. P-77, was registered in Police Station, City Karnal, against Nafe Singh, driver of the offending bus. Different amounts of compensation were claimed by different claimants. Jasdeep Singh and Sunny alias Hardeep Singh claimed Rs. 5,00,00,000 on account of the death of their mother Harvinder Kaur. Jasdeep Singh has also claimed Rs. 5,00,000 as compensation on account of his injuries. Sunny alias Hardeep Singh also claimed Rs. 5,00,000 on account of the injuries received by him. Balwant Singh, claimant, claimed compensation to the tune of Rs. 20,00,000 on account of his injuries. Similarly, Jasdeep Singh and Sunny alias Hardeep Singh claimed Rs. 2,50,00,000 by way of compensation on account of death of their father Resham Pal Singh.