PAMELA GAMBHIR Vs. SANTOSH NAYYAR

JUDGEMENT

(1.) BY this judgment I dispose of as many as 5 FAOs - No. 966 of 1996 titled Smt. Pamela Gambhir and another v. Smt. Santosh Nayyar and another; No. 965 of 1996 titled Smt. Pamela Gambir v. Mrs. Santosh Nayyar and another, No. 967 of 1996 titled Smt. Pamela Gambir v. Mrs. Santosh Nayyar and another, No. 968 of 1996 titled Smt. Pamela Gambir v. Mrs. Santosh Nayyar and another, No. 1741 of 1996 titled Master Jaskaran Singh alias Nikku v. Smt. Santosh Nayyar and another, as in my opinion all these appeals can be disposed of by one judgment. Moreover, all these appeals have arisen from the common award dated 12.9.1995 passed by Motor Accident Claims Tribunal, Karnal, who decided issue No. 1 against the claimants. The Tribunal did not assess any compensation with regard to the death of G.S. Gambhir, Miss Pooja Gambhir and injuries to Mrs. Pamela Gambir.

(2.) THE brief facts of the case are that vide impugned award as many as 5 claims petitions were decided by the Tribunal. Accident in this case took place on 5.7.1991 when Dr. G.S. Gambhir (deceased) along with his wife Smt. Pamela Gambhir (injured), daughter Pooja (deceased) and Master Jaskaran was coming from Noida (Delhi) for Patiala and they were travelling by Maruti car No. PIP 567 driven by deceased G.S. Gambir. According to the averments made in the claim petitions, the car was being driven at a normal and proper speed on left hand side of the road when all of sudden truck bearing registration No. DEG 4875 came from behind. It was being driven rashly and negligently by Jagpal Singh. It may be mentioned here that driver of the offending truck namely Jagpal Singh also died subsequently. The truck hit the car from behind with great force and on account of the impact of the accident the car was smashed into prices. Dr. G.S. Gambhir died at the spot, while Pooja received multiple grievous injuries and she succumbed to her injuries later on in General Hospital, Panipat. Mrs. Pamela Gambhir and Master Jaskaran also received multiple grievous injuries. It is the case of the claimants that the accident took place due to sheer negligence of driver Jagpal Singh and in this accident the car was also badly damaged. All the five claim petitions were filed claiming compensation on account of death, injuries and damage to the car.

(3.) THE learned Tribunal framed the following issues for the disposal of the claim petitions :-