PIARA SINGH Vs. SATPAL KUMAR

JUDGEMENT

(1.) ON due consideration, C.M. Nos. 25700-CII and 25701-CII of 2005 for condonation of delay in filing and refiling the appeal are allowed for the reasons given therein and the delay of 126 days in filing and 94 days in refiling are condoned.

(2.) HEARD Learned counsel for the parties and perused the records referred to during the arguments.

(3.) IT appears that on 5.12.2003, at about 5 p.m., injured Smt. Sukhwant Kaur was going on the road from Chandigarh to Ambala in a car bearing registration No. HR-02-G-9443. The vehicle was being driven by one Gursewak Singh at a slow speed and also on the left side of the road. The other occupants of the car were Ms. Jagdeep Kaur, Master Gurkamal Singh, Smt. Surjit Kaur, Sh. Sukhdip Singh, Vikramjit Singh @ Vikram Singh and Gurmit Kaur. When the car crossed the Dhulkot barrier, a bus with registration No. HR-37-A-5328 appeared on the wrong side from the opposite direction. The vehicle which was being driven at a very fast speed struck against the car. As a result, all the occupants sustained serious injuries and they were shifted to a hospital immediately. Three occupants of the car namely Smt. Surjit Kaur, Master Sukhdeep Singh and driver Gursewak Singh succumbed to the injuries received in the accident whereas the injured suffered permanent disabilities. Hence, the claimants laid their claims for compensation before the Tribunal by way of filing separate petitions, which were, however, disposed of by the impugned common award. In all the claim petitions, Gurmit Kaur has been examined as PW-1, Vikramjit Singh as PW-2, Bhagwant Singh as PW-3, Kuldip Kumar as PW-4, Subash Chander as PW-5, Jagdip Kaur as PW-6 and Karamjit Kaur as PW-7. That apart, the injured witnesses namely Smt. Sukhwant Kaur and Vikramjit Singh have tendered into evidence their disability certificates as Ex. PA and Ex. PB respectively. From the respondent side, the driving licence (Ex. R1) and its verification report (Ex. R2) and also the Insurance Policy (Ex. R3 and Ex. RX) were produced before the Court. It appears that there is no cross-appeal by the Insurance Company or the respondents, pending before this Court.