TARWINDER SINGH Vs. ISHWAR CHAND MITTAL

JUDGEMENT

(1.) THIS F.A.O. has been directed against the award dated 7.1.1993, passed by the Court of Motor Accident Claims Tribunal, Ambala, who, partly allowed the claim-petition of the claimant Shri Tarwinder Singh and awarded a sum of Rs. 15,000/- only by way of compensation against respondents No. 1 to 3, jointly and severally on account of no fault liability.

(2.) THE brief facts of the case are that Shri Tarwinder Singh filed a claim petition under Section 166 of the Motor Vehicles Act and claimed a compensation of Rupees twenty-three lacs on the ground that he had suffered injuries in a motor vehicle accident caused by rash and negligent driving of Canter No. HR-04/0233, driven by respondent No. 2, Sahib Singh. The Canter was owned by Ishwar Chand Mittal, respondent No. 1 and it was insured with respondent No. 3.

(3.) NOTICE of the claim petition was given to the respondents. Joint written statement was filed on behalf of respondents No. 1 and 2 in which they had denied the allegations. According to these respondents, the four-wheeler Canter was standing in a break down condition on its left side of the road. The petitioner-appellant was negligent. He dashed the car against the standing canter. It was further pleaded that had there been any negligence on the part of respondent No. 2, he would been involved in a criminal case. Even the father of the claimant admitted the fault of his son who was under the influence of liquor at the time of the accident. The amount of compensation claimed by the appellant is highly exaggerated. In the alternative, it was pleaded by respondent Nos. 1 and 2 that in case the liability is fixed, the Insurance Company is liable to pay the compensation to the extent of Rs. 1,50,000/-.