BALWINDER KAUR Vs. AVTAR SINGH

JUDGEMENT

(1.) ALONG with the present appeal filed by the claimants with a prayer for enhancement of the compensation amount, the Court intends to dispose of FAO No.7193 of 2011 filed by the Insurance Company also as both the appeals have arisen out of the impugned award rendered by the Motor Accidents Claims Tribunal, Ropar on 18.8.2011.

(2.) THE claimants had filed petition under Section 166 of the Motor Vehicles Act, 1988 for grant of compensation on account of death of their bread earner Charan Singh in a motor vehicular accident. According to them, on 12.5.2010, the deceased alongwith his nephew Jagdev Singh was proceeding from village Mullanpur Garibdass towards his village Nanherian. Both of them were on their respective motor cycles. The deceased was driving his motor cycle bearing No.PB 27 C 6743 on the left side of the road at a normal speed. At about 7.00 P.M when he reached in the area of village Sialba, a Scorpio Jeep bearing registration No.PB 05 L 0052 driven by Avtar Singh respondent No.1 in a rash and negligent manner and at a very high speed came from the opposite direction and struck against his motor cycle. As a result of the accident, the deceased fell down on the road and received multiple serious injuries to which he succumbed at the spot. He was about 43 years of age and the only bread earner of the family. He used to do agriculture and dairy farming besides flower business and, accordingly, earning Rs. 20,000/ per month. The offending Scorpio vehicle was owned by Navdeep Singh respondent No.2 and insured by the New India Assurance Company Limited respondent No.3. Accordingly, prayer was made for grant of compensation to the tune of Rs. 20, 00,000/ .

(3.) BY filing a separate written statement, the Insurance Company also contested the claim petition. Preliminary objections regarding the frame of the petition, locus standi and cause of action as well as validity of the driving licence of respondent No.1 were taken. It was also pleaded that offending vehicle was not having any fitness certificate and route permit. Prayer was resultantly made for dismissing the claim petition.