JASPREET SINGH Vs. RAMANDEEP KAUR AND ORS.

JUDGEMENT

(1.) On 16.04.2008, Swaran Singh and his cousin Yadwinder Singh were coming from Sanaur on motor-cycle bearing registration No. PB-11 AE 4624. Swaran Singh was driving the motor-cycle and Yadwinder Singh was riding the pillion. When the motor-cycle reached near Adh Wali Nehar in the area of Sanaur, Balwinder Singh brought a tractor-trolly by driving it at a high speed and in a rash, negligent and zig-zag manner and hit the motor-cycle resulting into the motor-cycle and its occupants falling on the ground. Swaran Singh died instantaneously and Yadvinder Singh received multiple injuries.

(2.) Mact Case No. 27/T dated 17.07.2008/04.06.2009 was brought by the dependents of Swaran Singh to claim compensation on account of loss of dependency caused by death of Swaran Singh, while MACT case No.46/28.7.2008 was brought by Yadwinder Singh to claim compensation in respect of the injuries/disability suffered by him. Both these claim applications have been accepted by the learned Motor Accident Claims Tribunal, Patiala (for short 'Tribunal') by the two separate awards of 21.04.2012 holding Balwinder Singh (Driver of tractor-trolley) and present appellant Jaspreet (original owner of tractor-trolley) liable jointly and severely to pay the amount of compensation, to the tune of Rs.21,94,000/- (in FAO No.4872 of 2012) and Rs.3,46,528/- (in FAO No.4873 of 2012) alongwith intereset @ 7.5% per annum from the date of filing of claim application till its realisation.

(3.) To challenge the aforesaid awards dated 21.04.2012, appellant Jaspreet Singh has brought two separate appeals namely FAO No. 4872 of 2012 titled as "Jaspreet Singh Vs. Ramandeep Kaur and others" and FAO No. 4873 of 2012 titled as "Jaspreet Singh Vs. Yadwinder Singh and Ors."