HARPREET KAUR TOOR Vs. SH HARSH KUMAR TRIHAN

JUDGEMENT

(1.) THIS appeal is filed by Smt. Harpreet Kaur Toor widow, Smt. Paramjit Kaur Toor mother and Shri Taranjit Singh Toor father of deceased Captain Pawan Deep Singh Toor for enhancing the compensation of Rs. 5,34,720/ - awarded to them for the vehicular death of Captain Pawan Deep Singh Toor.

(2.) IN a nutshell the backdrop of the case is that on April 22, 1991, Palvinder Singh, Captain Pawan Deep Singh and Kuljit Singh were going in Maruti Car No. BICH -01 -A -1000 from Chandigarh to Delhi. Kuljit Singh was on the steering wheel. Captain Pawan Deep Singh Toor was sitting by his side. Palvinder Singh was sitting on the back seat. This Maruti car was going at a normal speed. Suddenly from Delhi side truck No. HNG -6199 came at a fast speed. It as being driven rashly and negligently by Jasbir Singh respondent No. 2. The truck swayed towards the Maruti car and rammed into it at 11.30 A.M. All the occupants of the care sustained various injuries. Captain Pawan Deep Singh Toor breathed his last on account of multiple injuries sustained by him in this accident. Report of this accident was lodged. Case under Sections 279/338/304 -A of the Indian Penal Code was registered against respondent No. 2.

(3.) RESPONDENTS ' 1 and 2 filed joint written statement and denied that the accident took place because of the rash and negligent driving of respondent No. 2 of the said truck. Conversely their plea is that Kuljit Singh was driving the Maruti car in a zig -zag, rash and negligent manner. Hence the respondents are not liable to pay any compensation.