NATIONAL INSURANCE COMPANY Vs. SURINDER KAUR

JUDGEMENT

(1.) THESE are two appeals which are connected and arise from the award dated 04.05.2011 passed by the Motor Accident Claims Tribunal, Sirsa. One is at the instance of the insurance company disputing the finding of liability placed on the insurer and another at the instance of the claimants who are seeking enhancement of compensation.

(2.) IT would be apposite to refer to the relevant facts. Charanjit Singh Brar lost his life in an accident which took place on 13.10.2009 at about 10:00 PM near Village Sahuwala. A case was got registered on the next day at Police Station Baragudha, District Sirsa. The facts reveal that Charanjit Singh had gone to his parental village Mithri, Tehsil Dabwali on his motorcycle bearing registration no.HR -24 - G/6564 for casting his vote for the Assembly Elections. When he reached near village Sahuwala towards Dabwali on GT Road, a jeep bearing registration No.PB -60/3956 came at a high speed from the opposite direction and struck against the motorcycle of Charanjit Singh by coming to the wrong side of the road. As a result thereof, Charanjit Singh suffered grevious injuries and later on died. The jeep driver fled away from the spot. The case projected was that Parkash Singh and Labh Singh who were working in the nearby fields reached the spot and took the injured to the Civil Hospital, Sirsa and thereafter, he was shifted to PGI, Rohtak but he died on the way to the hospital. The deceased was a practising lawyer in the Courts at Sirsa and had a practice of 25 years. He also owned agricultural land. On these premises a claim of Rs.50 lacs was laid.

(3.) THE respondents as well as the insurance company disputed the facts and questioned the maintainability and pleaded that it was a case of suppression of material facts.