RAJ RANI PURI Vs. UNION OF INDIA

JUDGEMENT

(1.) This claim petition has been filed by the widow and two children of the deceased, Narinder Rai Puri, who was killed in a motor accident involving a staff car belonging to the Union of India being driven by Sansar Singh, respondent No. 2, on 20.7.1983. As per claim petition, the deceased who was sitting on the pillion seat of the scooter No. HYA 5879 (Priya) being driven by Subhash Chander, PW 15, which suffered a collision with the staff car aforesaid, as a result of which Narinder Rai Puri fell on the road and sustained serious injuries. He was an ex-serviceman, but ultimately died of the injuries suffered in the accident. It appeared that while Narinder Rai Puri was in the hospital, a compromise was effected between the parties and his son Rakesh Puri also signed a 'no claim certificate' absolving respondents from their liability. The petitioners, however, filed the present claim application on 11.10.1984 claiming a total sum of Rs. 1,00,000 by way of compensation on account of the death of Narinder Rai Puri pleading that he was 62 years of age at the time of his death and that he was earning Rs. 2,000 per month. The claim petition was resisted by the respondents and though the factum of the accident was admitted, the circumstances in which it had happened were denied. It was primarily pleaded that the accident had happened as the scooter driver was driving the scooter on the wrong side of the road which had led to the collision. It was further pleaded that the respondent had, in any case, been absolved of any liability as a certificate of no claim had been signed by them. In replication, the claimants denied the averments made in the written statement and also pleaded that 'no claim certificate' had been obtained by the Army authorities under duress and was not binding on them.

(2.) From the pleadings of the parties, the following issues were framed: (1) Whether the claim petition is within time? OPP (2) Whether the petitioners are estopped by their own act and conduct from filing or maintaining the present claim petition? OPR (3) Whether the accidental death of Narinder Rai Puri took place due to rash and negligent driving of Station Wagon of Station Head Quarters bearing No. 75 B-11119 N by Sansar Singh respondent No. 2? OPP (4) If issue No. 3 is proved, to what amount of compensation are the petitioners entitled, from whom and in what respect? OPP (5) Relief.

(3.) The Tribunal in its award (under issue No. 1) held that as the claim petition has been filed beyond the period of limitation, the same was not maintainable. It was further observed (under issue No. 2) that the claimants were not estopped from filing the claim petition as Raj Rani and Sunita Puri had not, in any case signed the 'no claim certificate' and only Rakesh Puri would perhaps be restrained from doing so. The Tribunal then went to the question of negligence and observed that there appeared to be a serious dispute as to the manner in which the accident had taken place inasmuch as Subhash Chander, PW 15, the scooter driver, had stated that the collision had taken place between the car and scooter, whereas, in the claim petition, it had been pleaded that the car in question had come from the rear side and struck against the scooter causing injuries to Narinder Rai Puri. The Tribunal accordingly held that it had not been proved that the accident had happened on account of the rash and negligent driving of Sansar Singh, the car driver and in view of the above findings, the Tribunal declined to go into the question of quantum of compensation under issue No. 4 and announced its award dated 23.8.1985 dismissing the claim petition. Aggrieved by the award, the present appeal has been filed.