GURPAL SINGH Vs. S.S.NEHRA

JUDGEMENT

(1.) This is an appeal brought by the claimant Gurpal Singh for enhancement of compensation awarded to him in a sum of Rs.3,40,000/- by learned Motor Accidents Claims Tribunal, Jalandhar (for short 'the Tribunal) vide award dated 16.07.2009. The claimant has brought the petition under the provisions of section 166 of the Motor Vehicles Act, (for short 'the Act') for compensation on account of the death of his son Jarnail Singh in a road side accident that took place on 23.07.2008. The case of the claimant is as under:-

(2.) Notice of the claim petition was given to the respondents.

(3.) Respondents no.1 and 2 had filed a joint written statement questioning the maintainability of the petition as well as claiming the same to be bad for mis-joinder and non-joinder of parties. It is claimed that the vehicle of respondent no.2 was damaged on account of the rash and negligent driving of motorcycle by Jarnail Singh and a sum of Rs.12,550/- is recoverable from the legal heirs of the deceased. It is admitted that respondent no.1 S.S. Nehra had been driving the mini bus. It was, however, denied that the same was being driven by respondent no.1 in a rash and negligent manner. The FIR lodged about the accident is said to be false.