NEW INDIA ASSURANCE CO LTD Vs. RAJINDER KAUR

JUDGEMENT

(1.) THIS order will dispose of FAO No. 929 of 1985 and FAO No. 930 of 1985 filed by the New India Assurance Co. Ltd. , against the common award of the Motor Accident Claims Tribunal, Patiala dated 11. 6. 1985.

(2.) THE Motor Accidents Claims Tribunal, Patiala, hereinafter referred to as the 'tribunal' on a claim petition under Section 110-A of the Motor Vehicles Act, filed by Smt. Rajinder Kaur and her minor son Karamdeep Singh Bal, had awarded a sum of Rs. 7,20,000/- with 9% interest from the date of the claim petition for the death of the Devinder Singh. Besides this, the Tribunal had also awarded a sum of Rs. 2,000/- to Dharam Singh claimant for the damage caused to his scooter.

(3.) SHORN of unnecessary details, the case of the claimants, as set up in the claim petition, is that Devinder Singh (since deceased) aged 38 years, R/o Khanna was employed in Merchant Navy Greece. In March 1984, he was on leave and was residing at Patiala with his family. On the fateful evening of 2. 4. 1984, the deceased was driving Scooter No. PUL-3293 at a normal speed on the correct side of the road. Karnail Singh respondent was driving Jeep No. PBV-4011 in a rash and negligence manner. The said Karnail Singh took his vehicle on wrong side of the road and struck it against the scooter of the deceased. As a result of the collision, deceased fell down and received injuries on his head and other parts of the body.