JASBIR KAUR Vs. SUKHDEV SINGH

JUDGEMENT

(1.) THIS order will dispose of the above mentioned three appeals as the same arise out of the same accident and the same award dated 29.11.2001 passed by Motor Accident Claims Tribunal, Patiala (hereinafter referred to as 'the Tribunal').

(2.) THE brief facts of the case are that on 19.1.1999, Kirpal Singh along with his wife Jasbir Kaur and son Amandeep Singh was returning on scooter No.PAP -7875 from Gurudwara Dukhniwaran Sahib, Patiala, towards his house situated in Ghuman Colony, Sirhind Road, Patiala. He was being followed by Dilbagh Singh and Surjit Singh, who were also on scooter. At about 8.45 p.m., when the scooter of Kirpal Singh reached in between Hemkund Service Station and Gita Service Station, truck No.PNS - 4823 (hereinafter referred to as 'the offending vehicle') came from Sirhind, which was being driven by Sukhdev Singh -respondent No.1 rashly and negligently and at a high speed. Respondent No.1 could not control his truck and hit the same against the scooter of Kirpal Singh, while coming on the wrong side of the road. Kirpal Singh fell down on the right hand side of the road and suffered injuries on his head and right side of the body. Jasbir Kaur and Amandeep Singh also suffered injuries. Driver of the offending vehicle ran away from the spot. Kirpal Singh, Jasbir Kaur and Amandeep Singh were rushed to Rajindra Hospital, Patiala, where Kirpal Singh died.

(3.) THE accident has been caused due to the rash and negligent driving of Sukhdev Singh -driver. FIR has been registered against respondent No.1 and scooter was also damaged badly in the accident. Three claim petitions were filed. The Tribunal awarded compensation in the three claim petitions. Aggrieved against the same, the claimants have filed three appeals for enhancement of the compensation.