AVJOT PREET KAUR Vs. GOPAL SINGH

JUDGEMENT

(1.) THIS order shall dispose of both the above -noted appeals i.e., FAO No. 1443 of 2002 and FAO No. 1820 of 2002, which arise out of the same award dated 18.10.2001 passed by the learned Motor Accident Claims Tribunal, Ludhiana (for short, the Tribunal').

(2.) THE claim petition was filed by Avjot Preet Kaur, minor daughter of the deceased -Harpreet Kaur. It is an admitted fact that the claimant's mother, Harpreet Kuar, had obtained divorce from her husband -Avtar Singh i.e., the claimant's father in February, 1996. The deceased had thereafter re -married with Kulraj Singh. On 22.04.1999, the deceased alongwith her second husband Kulraj Singh and the children from the second marriage, was travelling in a Tata Sumo bearing registration No. HP -41 -7335 from Pehowa to Kurukshetra and to Delhi. When the Tata Sumo reached near village Indwari on the Pehowa -Kurukshetra road, at about 5.30 PM, a truck bearing registration No. PB -11K -1749 came from the opposite direction being driven by respondent No. 2 in a rash and negligent manner. The truck struck against the Tata Sumo. All the persons travelling in the Tata Sumo including deceased -Harpreet died at the spot. FIR No. 195 dated 22.04.1999 was registered at police station Sadar Thanesar, District Kurukshetra. Respondent No. 1 is the owner of the truck, which is insured with respondent No. 3.

(3.) THE Insurance Company had raised a plea that the driving licence held by respondent No. 2 was fake, therefore, it was not liable to pay the compensation. The learned Tribunal rejected the said plea and held the Insurance Company liable.