RANJIT KAUR Vs. CHHINDERPAL SINGH

JUDGEMENT

(1.) THIS order will dispose of FAO Nos. 1807 and 2047 of 1997 arising out of the award dated 30-5-1997 passed by the Motor Accident Claims Tribunal, Faridkot.

(2.) BY way of present appeals, the challenge is to the award passed by the Motor Accident Claims Tribunal, Faridkot ( hereinafter referred to as the 'Tribunal') vide which claim petition No. 2 of 3-1-1992 filed by the claimants - Chhinderpal Singh and others was allowed against the appellant herein and compensation of Rs. 1,39,500/- was awarded. The liability was fixed jointly and severally between respondent Nos. 1 and 2 in the claim petition i.e Lakhwinder Singh, driver of jeep No. PJK 5773 and Ranjit Kaur wife of Pritam Singh, the owner of the jeep. The claimants were further held entitled to interest @ 12% per annum on the said amount from the date of filing of the claim petition till realisation. It was further ordered that out of the said amount, a sum of Rs. 69,500/- was to be paid to Kartar Kaur, claimant No. 6 and the remaining amount was to be paid to all the remaining claimants in equal shares. The claim petition filed against respondent Nos. 3 to 5 was dismissed. The claim petitions filed by Ranjit Kaur and Lakhwinder Singh subject matter of FAO No. 2047 of 1997 were also ordered to be dismissed.

(3.) THE brief facts of the case are that on 5th of November, 1991, Gurbachan Singh deceased was travelling in Jeep No. PJK 5773 driven by Lakhwinder Singh son of Pirthi Singh, resident of village Hardiale-ana. They were coming from village Hardiale-ana to village Buraj Sidhwan. At about 4.30 PM when the jeep reached near Spinning Mills, Malout, a truck bearing registration No. PUU 9322 came from the opposite side at a very high speed being driven rashly and negligently and struck into the jeep, as a result of which, jeep over-turned and Gurbachan Singh received head injury and other bodily injuries. On account of the injuries suffered by him, he was admitted to Civil Hospital, Malout, from where he was transferred to Muktsar. After remaining for 3 days at Muktsar hospital, the deceased was shifted to DMC, Ludhiana, where he remained under treatment for 13 days and finally succumbed to the injuries. Shri Gurbachan Singh was stated to be 55 years of age at the time of his death.