KULWINDER KAUR Vs. SATNAM SINGH AND OTHERS

JUDGEMENT

(1.) THIS is revision petition by claimant Kulwinder Kaur filed under Article 227 of the Constitution of India impugning order dated 5.9.2002 passed by learned Motor Accident Claims Tribunal, Jalandhar (in short, the Tribunal) thereby dismissing the execution petition filed by the petitioner -claimant. Petitioner filed claim petition under section 166 of the Motor Vehicles Act, 1988 (in short, the Act) claiming compensation for the death of her son Love Preet Singh aged two years caused in motor vehicular accident. Respondents no. 1 to 3 were impleaded as driver, owner and insurer respectively of the alleged offending vehicle whereas respondent no. 4 is father of the deceased child and he was also to receive the compensation along with petitioner. Only respondent no. 3 insurer of the vehicle contested the claim petition whereas respondent no. 4 admitted the claim of the claimant, and respondents no. 1 and 2 (driver and owner respectively) were proceeded against ex parte.

(2.) THE claimant filed application under section 140 of the Act claiming compensation on the principle of 'no -fault -liability'. The said application was allowed by the Tribunal vide order dated 18.9.1998 Annexure P/1 thereby directing respondents no. 1 to 3 to pay amount of Rs. 50,000/ - as compensation on the principle of 'no -fault -liability' to petitioner and respondent no. 4. Respondents no. 1 to 3 were held jointly and severally liable to pay the same. On account of said order, the main claim petition was dismissed as withdrawn vide order of even date i.e. order dated 18.9.1998.

(3.) I have heard counsel for the parties and perused the case file.