MANPREET KAUR Vs. SUKHDEV SINGH

JUDGEMENT

(1.) Arun Monga, J (Oral). 1. Before this Court is a mother (appellant), having lost her young son, all of nine years age, in a vehicular accident on 24/6/2017. Appellant is aggrieved against meagerness of compensation determined vide the impugned award dtd. 5/10/2018 whereby a mere Rs.2,00,5000.00 has been awarded qua the accidental death of her son. Claimant/appellant had filed a claim petition under Sec. 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'Act of 1988'), as it then existed, before the learned Motor Accident Claims Tribunal, Sangrur (hereinafter referred to as 'Tribunal') seeking compensation of Rs.19,00,000.00, against the Insurer and owner of the car.

(2.) Brief factual narrative first. On the fateful day, the appellant's deceased son was travelling with his parents in an Alto Car, owned and driven by his father (respondent No. 1 herein). They were returning from Dhamtan Sahib to village Daska. At the relevant time, when they came out of village Dhamtan Sahib towards village Kalan, suddenly, a cow came in front of the moving car on the road. In a natural human instinct to save the cow, the driver lost balance of the car. Resultantly, the vehicle fell in a ditch near the road. Occupants of the car were injured. Claimant/appellant's son Prabhmehar Singh @ Gurmehar Singh suffered multiple injuries. He was taken to Civil Hospsital, Tohana, but succumbed to his injuries suffered in the accident.

(3.) Owner of the car (father of deceased)/respondent no.1 resisted the claim petition denying his liability, saying that the accident did not take place due to his negligence. He pleaded that Car was duly insured and liability, if any, was/is that of Insurance Company.