PARKASH CHAND Vs. PAL SINGH

JUDGEMENT

(1.) This appeal in the first instance came up for hearing before Sodhi, J. who referred the same to a larger Bench by his order dated 15-5-1984. The Division Bench which thus came to deal with the matter by order dated 29-8-1984 referred the following question for the decision of the larger Bench :

(2.) The offending vehicle was owned by Pal Singh Taxi Stand, Opposite to M/s. Shamsher Singh Sehgal and Sons, G. T. Road, Jalandhar, and Tarsem Singh son of Lachhman Singh, resident of village and Post Office Dhanowali. The said car was insured with the United India Fire and General Insurance Company Limited, under Policy No. 416/21/1/1003, cover note NR/51877 for the period from 19-10-1976 to 18-10-1977. The car was being driven at the time by Mohinder Singh driver.

(3.) Dharam Pal deceased's two brothers, namely Parkash Chand and Saran Dass, appellants herein, applied to the Tribunal claiming a sum of Rs. one lakh by way of compensation on account of the death of Dharam Pal deceased. It was alleged that Dharam Pal was earning about Rs. 500/- p.m. when he met with the accident. He was intelligent, brilliant and an earning hand for the family and had he lived his life, he would have become very prosperous.