PIARA SINGH Vs. GIAN KAUR WIDOW

JUDGEMENT

(1.) ON August 27, 1973, an accident took place between a motor-cycle driven by Jaswant Singh-deceased and a truck driven by Piara Singh at a crossing in the Industrial Area, Chandigarh The motor-cyclist sustained injuries in the accident and as a result of which died lateron. His widow, sons and daughters filed a claim petition under Section 110-A of the Motor Vehicles Act (for short 'the Act') against the driver, the owner of the truck and the insurer-the United India Fire and General Insurance Company Limited.

(2.) THE Motor Accident Claims Tribunal, Chandigarh by order dated January 24, 1977, awarded a sum of Rs. 44,000/- by way of compensation to the claimants holding the owner, the driver and the insurer jointly and severally liable. Interest at the rate of six per cent per annum from the date of presentation of the claim petition was also granted.

(3.) THE claimants feeling aggrieved against the award of compensation preferred an appeal being F. A. O. No. 201 of 1977 for enhancement of compensation. The driver and the owner of the truck as also the insurer filed an appeal being F. A. O. No. 169 of 1977 seeking to challenge their liability for payment of compensation The appeal filed by the claimants was allowed by the learned Single Judge and they were held entitled to Rs. 80,000/- being 2/3rd of the amount of Rs. 1,20,000/- along with interest at the rate of 12 per cent per annum from the date of application to the date of payment of the amount awarded In the appeal filed by the driver, the owner and the insurer, the finding recorded by the Tribunal was modified and the contributory negligence of the deceased was assessed at 33% and that of the driver of the truck at 67%. It was on this count that after holding that the heirs were entitled to compensation of Rs. 1,20,000/-, a sum of Rs. 80,000/- was in fact awarded.