BALBIR SINGH; KELA DEVI Vs. SATWINDER SINGH

JUDGEMENT

(1.) HESE two separate appeals filed by claimants Balbir Singh and other by Smt. Kela Devi and Sher Singh against the award dated 20.11.2002 passed by Motor Accident Claims Tribunal, Karnal (hereinafter referred as 'The Tribunal') whereby the appellants are seeking enhancement of compensation.

(2.) RELEVANT facts for the purpose of decision of the appeals that motor vehicle accident took place on 02.10.1998. On that date Satwinder Singh respondent (driver and owner of truck bearing No.PB -11B -8191) was driving the said truck. Canter bearing registration No.HR -45 -3232 was being driven by Nafe Singh. The accident took place near village Tikri in the area of police station Alipur, Delhi. At that time offending truck was going ahead of the canter. The canter was in the process of overtaking the truck and Satwinder Singh respondent No.1 suddenly turned his vehicle towards the middle of the road and hit the canter. The occupants of the canter were seriously injured and the driver died in this accident. As per claimant the accident had taken place because of rash and negligent driving of respondent No.1 Satwinder Singh while driving offending truck bearing registration No.PB -11B -8191.

(3.) NOTICE was ordered to be issued to respondents. Respondents No.1 and 2 served but did not put their appearance and were proceeded against ex parte. Respondent No.2 -Insurance company contested the claim petition on all accounts. Plea was taken that accident took place because of sole negligence of the driver of the canter.