JASWANT SINGH ATTWAL Vs. DIDAR SINGH

JUDGEMENT

(1.) This judgment shall dispose of FAO No.733 of 1990, FAO No.797 of 1990, FAO No.895 of 1990 and FAO No.924 of 1990 as all the appeals have arisen out of a common accident which had occurred on July 26, 1987. FAO No.733 of 1990 and FAO No.797 of 1990 have been filed by the claimants claiming further enhancement, whereas, FAO No.895 of 1990 and FAO No.924 of 1990 have been filed by the State of Punjab challenging the award of the Motor Accidents Claims Tribunal, Hoshiarpur (for short, 'the Tribunal'), whereby the liability to pay the compensation had been fixed upon the appellants.

(2.) On July 26, 1987, an accident had occurred. Satwant Singh aged 45 years and his sister-in-law aged 55 years died in the aforesaid accident. At the time of his death, Satwant Singh was working as a Scientist in United States of America. According to the claimants, he was drawing yearly salary of 73,000 US dollars. Similarly, at the time of accident Balwant Kaur, deceased was 55 years of age and was settled in United Kingdom. At the time of death, she was working in a watch factory and it was claimed that she was earning annually 84,154. The claim petition was filed on account of death of Satwant Singh by his dependents, namely, his widow Gurpreet Kaur, his two daughters Sangita Kaur and Sujan Kaur and his minor son Maninder Singh. In the case of death of Balwant Kaur, the claim petition was filed by her husband Jaswant Singh, her daughter Harminder Kaur and her son Shlander Singh. The claimants in two separate claim petitions maintained that the accident in question had been caused on account of rash and negligent driving of bus No.AF.2 driven by Didar Singh, driver and owned by Punjab Roadways Depot, Pathankot. Consequently, the claimants claimed that they were entitled to compensation.

(3.) The learned Tribunal tried the aforesaid claim petitions separately and independently. However, identical findings were recorded by the Tribunal in the aforesaid two claim petitions. The Tribunal held that the driver of bus No.AF.2 was driving the aforesaid vehicle rashly and negligently at the time of accident. It was further held that on account of the aforesaid fact, the accident had occurred causing death of Satwant Singh, Balwant Kaur and Surjit Singh, the driver of the car.