KANWALJIT SINGH Vs. SANTOKH SINGH

JUDGEMENT

(1.) THIS judgment will dispose of four appeals including the one referred to above. The other three appeals being F.A.O. No. 28/1973 Gursharan Kaur and Ors. v. Santokh Singh and Ors. F.A.O. No. 48/1973 Santokh Singh and Ors. v. Kanwaljit Singh and Ors. and F.A.A.O. No. 49/1973 Santokh Singh and Ors. v. Gursharan Kaur and Ors. All these appeals pertain to the same accident and arise out of the same award of the Motor Accidents Claims Tribunal and were, thus, heard together.

(2.) ON 151.1967 at about 5.30 p.m., an Ambassador car No. DLY 85 was involved in an accident with a cyclist on the G.T. Road near Police Station Rai. The cyclist was Joginder Singh, a Havaldar of the Indo -Tibet Border Police Training Centre. He was carrying his son Kanwaljit Singh who was then about four/five years of age, on the handle bar of his cycle at that time. Joginder Singh was run over and killed in this accident while his son Kanwaljit Singh received grievous injuries. It is in respect of this accident that two separate applications for compensation under Section 110 of the Motor Vehicles Act, were filed one by Gursharan Kaur, the widow of the deceased and their children claiming Rs. 50,000/ - as compensation for the loss suffered by them on account of the death of the deceased and the other by Kanwaljit Singh claiming damages to the tune of Rs. 30,000/ - for the injuries suffered by him in this accident.

(3.) THE version of the accident as per the claimants was that on 15.1.1967 Joginder Singh deceased while going to his duties at Police Station Rai noticed his son Kanwaljit Singh on the road side. He picked him up and put him on his cycle and proceeded towards his residence in Man Singh quarter. When he reached near his quarter, his son insisted upon accompanying him to the police station which was situated just opposite to that place. Just then a car came at high speed from the side of Sonepat. The driver suddenly lost control of the car and dashed against Joginder Singh and his son Kanwaljit Singh. The child was thrown on the ground with great force which resulted in serious injuries to him including fracture of the head bone. Joginder Singh was run over by the car and he died as a result of the injuries suffered by him.