PRIYA (MINOR) Vs. JASPAL SINGH AND OTHERS

JUDGEMENT

(1.) Claimant has filed this appeal against the award dated 6.3.2003, passed by the Motor Accident Claims Tribunal, Sangrur (in short 'the Tribunal'), vide which a compensation of Rs. 3,60,000/- was awarded in favour of the appellant on account of death of her mother Kamlesh Rani in a motor vehicle accident.

(2.) The brief facts relevant for the disposal of the present case are that Kamlesh Rani was working as a Social Studies teacher in Government Middle School, Village Kalaudi, Tehsil and District Sangrur. She was a permanent employee of Punjab Education department. Her monthly salary was Rs. 8,830/-. She was 36 years of age at the time of her death. The present appellant is minor and is under the guardianship of her father. On 24.8.1999, at about 7:40 AM, Kamlesh Rani left her house on scooter bearing registration No. PB-13-A-0070 to attend her duty. When she reached near Aggarwal Marble Stone on Patiala Road, Sangrur, one tanker bearing registration No. PB-11-G-8955 came from the opposite direction being driven rashly and hit the scooter of Kamlesh Rani, as a result of which, she died on the spot. FIR No. 212 dated 24.8.1999 was registered at Police Station Sadar Sangrur. At the time of accident, the offending truck was being driven by Jaspal Singh (respondent No. 1).

(3.) Suffice to say that the owner and driver claimed that a false FIR was registered. However, it was stated that the tanker was insured with respondent No. 3-insurance company. The respondentinsurance company also took the usual pleas.