NEW INDIA ASSURANCE COMPANY LIMITED Vs. JOGINDER KAUR

JUDGEMENT

(1.) THIS is an appeal directed by Insurance Company against the Award dated 01.12.1999 passed by Mr. M.M.Sharma, Motor Accident Claims Tribunal, Kurukshetra vide which claim petition was partly accepted and a sum of Rs.1,93,000/ - was granted to the claimants along with interest @ 12% per annum from the date of filing of claim petition till realization.

(2.) BRIEFLY stated legal heirs of Gurmej Singh filed petition under Section 166 and 140 of the Motor Vehicles Act, 1988 (in short the Act) claiming compensation to the tune of Rs.10,00,000/ - on account of death of Gurmej Singh in a motor vehicular accident. It is pleaded that Gurmej Singh deceased was going on the markanda Bandh while he was on his way from dera of Chhabag Singh situated at village Ram Nagar to his village Rawa. After he had hardly covered a distance of about 200 yards from the dera of Chhabag Singh, tractor and traction No.HNQ -6443 which was being driven by respondent No.1 Balbir Singh rashly and negligently reached there from the side of G.T.Road. In order to save himself the deceased left the Bandh portion and came on the slope of the Bandh towards his left side. Respondent No.1 Balbir Singh lost control over the tractor and the same turned turtle. As a result of which Gurmej Singh buried under the tractor and received multiple injuries and he died at the spot.

(3.) RESPONDENTS No.1 and 2 filed joint written statement whereas respondent No.3 filed separate written statement. Respondent Nos.1 and 2 denied the allegations made in the claim petition. It is pleaded by them that Gurmej Singh was on the wheel of the tractor and respondent No.1 was sitting on the said tractor. It was denied that at the time of accident, respondent No.1 was on the wheel of the tractor in question. Gurmej Singh failed to make judgment regarding the width of the Bandh of the markanda bridge and the tractor turned turtle and Gurmej Singh was buried under the same. It was pleaded by respondent No.3 that the tractor was being driven by a person not holding valid driving licence at the time of accident. From the pleadings of the parties, following issues and additional issue were framed : -