KAMALJIT KAUR Vs. BALVIR SINGH

JUDGEMENT

(1.) Challenge in the present appeal is to the Award dtd. 15/4/2014 passed by the Motor Accident Claims Tribunal, whereby, compensation of Rs.50,000.00 (Rs.25,000.00 each) has been granted to the married daughters of deceased Darshan Singh, who had died in a motor vehicular accident on 11/1/2009.

(2.) At the very outset, it is pertinent to mention that claim petition was initially, filed by Mariam Ester and her sons, Mandeep Singh and Navdeep Singh, thereby, seeking compensation, on account of Darshan Singh, in a motor vehicular accident. However, during the pendency of the said claim petition, in pursuance of an application under Order 1 Rule 10 CPC, filed by married daughters of the deceased Darshan Singh, both the married daughters, namely Ravinder Kaur and Kamaljit Kaur, were impleaded as respondents No.5 and 6, in the claim petition. So far as, taking place of the accident is concerned, this fact is not disputed by the contesting respondents No.1 to 3 i.e. driver, State of Punjab, Department of Punjab and Punjab Roadways Transport Corporation. They have though admitted about the accident but they imputed, rashness and negligence, on the part of deceased Darshan Singh. However, suffice to mention that the Tribunal had reached the conclusion about the accident to be result of rash and negligent driving of the bus bearing registration No.PB-10BR07837, driven by respondent No.1. This finding has not been challenged by respondents No.1 to 3, by way of filing any appeal or revision. Thus, the findings of the Tribunal, relating to the accident having caused due to rash and negligent driving of the bus driven by respondent No.1, has attained finality.

(3.) Also, it is pertinent to mention that in the Award, it has been concluded by the Tribunal that present respondents No.4 to 6, are not the wife or sons of deceased Darshan Singh. This finding has also not been challenged by respondents No.4 to 6 (who were claimants before the Tribunal) by way of filing appeal or revision, if any. As such, this finding has also attained finality.