REKHA DEVI Vs. DHAN SINGH KHADAKA

JUDGEMENT

(1.) On account of death of Mrs. Baby, a married women, aged about 24 years in a motor vehicular accident, which took place on 14/9/2011 at 5.00 pm, in the area of Village Khant, District Fatehgarh Sahib statedly on account of rash and negligent driving of truck bearing No.PB-10-CG-3362 (for short 'the offending truck') by respondent No.1 Dhan Singh Khadaka, parents in-law of the deceased namely her mother in-law Smt. Rekha Devi and father in-law Sh. Jai Kishan had brought a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 against respondents i.e. Dhan Singh Khadaka-driver, M/s D.S. Transport Corporation, Ludhiana - owner and National Insurance Company Ltd., Chandigarh-insurer of the offending truck.

(2.) After contest by respondents No.2 and 3, the claim petition was accepted by the Motor Accidents Claims Tribunal, SAS Nagar, Mohali, vide award dt. 17/2/2014 and compensation of Rs.4,09,000.00 with interest @ 6% p.a., and costs of the petition were awarded to the claimants, payable by respondents No.1 to 3 jointly and severally.

(3.) Since petitioner/claimant Jai Kishan had died, the share in the compensation payable to him was ordered to be released to his wife- petitioner/claimant No.1 Rekha Devi.