PIRTHI SINGH Vs. ASRI

JUDGEMENT

(1.) BY this single order, I will dispose of three FAO bearing Nos.5442 and 1571 of 2009 and 1585 of 2010. FAO No.1571 of 2009 and 1585 of 2010 have been filed by the claimants seeking enhancement of the compensation. The facts are extracted from FAO Nos.5442 of 2009 and 1585 of 2010.

(2.) THIS appeal has been filed by Pirthi Singh (driver) and Dharam Singh (owner) of the offending vehicle challenging the findings of Motor Accident Claims Tribunal whereby Insurance Company was exonerated from the liability and they were held liable jointly and severally to pay the compensation. Imran, aged about 25 years, was the son of the appellants. He was working as servant with respondent No.1 Pirthi Singh at a salary of Rs. 4000/ - p.m. On 28.4.2007 Imran alongwith other passengers was going from village Ajijpur Kalan to Bilaspur in a Tata Sumo bearing No.HR -37 -B -2125. When the vehicle reached near village Kapoori Khurd, District Yamuna Nagar, respondent No.1 (driver) hit the vehicle against a tree as a result of which all the occupants received the injuries. Imran succumbed to the injuries. The accident was witnessed by Abdul Rasid, who was coming behind the offending vehicle. FIR No.64 dated 28.4.2007 under Sections 279/337/304 -A/427 IPC was registered at Police Station Bilaspur against respondent No.1 -driver. It is stated by the appellants that in addition to the salary of Rs. 4000/ - p.m. deceased Imran was earning Rs. 6000/ - p.m. from dairy business.

(3.) RESPONDENT No.1 in the written statement took the plea that no accident involving the vehicle in question took place. False FIR was registered against him. Respondent No.2 also denied the accident and stated that vehicle was insured with respondent No.3 at the relevant time. Respondent No.3 in the written statement took the plea that driver/respondent No.1 was not having valid driving licence at the time of accident. All the averments of the claim petition were denied in toto. From the pleadings of the parties, the following issues were framed: