SHARANJIT KAUR Vs. MOHINDER SINGH AND OTHERS

JUDGEMENT

(1.) This is appeal by claimant seeking enhancement of compensation for the death of her son Sampuran Singh (later referred to as 'the deceased') aged 22 years in a motor accident with truck No. HR-26-1750 (later referred to as 'the offending vehicle').

(2.) As per the claimant, on 23.11.1999 the deceased was going on his motorcycle bearing registration no. PBW-7671 and reached near Gajipur Jattan Gurudwara Sahib where the offending vehicle came from the opposite side i.e. from Panchkula side. It was being driven by respondent no. 1 in a rash and negligent manner. He brought the offending vehicle on wrong side of the road and hit motorcycle of the deceased as a result of which he fell down and suffered multiple injuries resulting in his death at the spot.

(3.) Driver and owner of the offending vehicle did not appear before the Tribunal despite notice and were proceeded ex parte. The claim petition was contested by the Oriental Insurance Co. Ltd. It denied the accident and took alternate plea that in the event of accident being proved the same was due to sole negligence of the deceased. Plea was also taken that driver of the offending vehicle was not having valid driving licence, registration certificate, route permit and fitness certificate of the offending vehicle, as such, the insurance company is not liable to pay the compensation amount.