NIRMAL KAUR Vs. JAGJIT SINGH AND OTHERS

JUDGEMENT

(1.) This order shall dispose of above-mentioned three appeals, all directed against the common award dated 10.01.1996 passed by the Motor Accident Claims Tribunal, Faridkot (for short 'the Tribunal'). The facts are being taken from FAO No.2422 of 1996.

(2.) The case as set up in the claim petition was that in the late evening of 3.6.1991, the appellant-Inderjit Singh along with his wife Nirmal Kaur and brother-in-law Harpreet Singh was going from village Channu to Malout in a Maruti car bearing registration No. DIB-4235. The car was being driven by appellant - Inderjit Singh at a normal speed and on the left side of the road. When the car reached near Rajasthan Canal on Malout-Dabwali Road, the appellant tried to overtake a tractortrolley and in the meanwhile a truck bearing Reg.No.HR-25-0822 driven by respondent No.1 rashly and negligently and at a high speed came from the opposite side. The headlights of the truck were off at that time. As such, it was not visible and because of its sudden appearance, the truck and the car dashed against each other. The occupants of the car received multiple injuries. The back of the femur of the right side of wife of the appellant was broken and the thigh bone of the appellant was fractured. Appellant - Inderjit Singh and his wife, after initial treatment at Civil Hospital Malout were shifted to Sir Ganga Ram Hospital, Delhi in an Ambulance. They incurred considerable expenses on treatment. Harpreet Singh, after discharge from Civil Hospital, Malout, went to his village.

(3.) Three separate claim petitions namely, MACT Nos. 89, 90 and 91, all dated 03.12.1991, were filed by the injured claiming compensation from the respondents for the injuries suffered by them in the accident. All the three claim petitions were consolidated. The evidence was recorded in the claim petition No.89 titled as 'Inderjit Singh vs. Jagjit Singh'.