PRITAM KAUR Vs. PUNJAB TRACTORS LIMITED

JUDGEMENT

(1.) Aggrieved at the award dated 31.3.1987 passed by the Motor Accident Claims Tribunal, Ropar, whereby their claim for the award of compensation due to death of Amar Nath in a motor vehicular accident, has been dismissed except that a sum of Rs. 15,000/- has been awarded as compensation for no fault under Section 92 A (2) of the Motor Vehicles Act, 1988, the claimants have filed this appeal.

(2.) Briefly stated, the facts are that on 31.7.1986 at about 5.00 P.M., Amar Nath was coming from Kharar side in Car No. CHB 62 driven by Dev Raj. Kishore Kumar was also accompanying them. When their car reached near Dara Studio, in S.A.S. Nagar, Mohali, a jeep bearing No. CHA 2741 allegedly driven by Khajan Singh-respondent No. 2 in a rash and negligent manner, came from the opposite side and struck in the car as a result of which Amar Nath received multiple injuries. He was removed to Post Graduate Institute of Medical Science (PGIMS) at Chandigarh but succumbed to his injuries on 6.8.1986. Alleging that the accident in question was caused solely due to rash and negligent driving of the jeep driver (Khajan Singh), the appellants, who are widow, a major unmarried daughter, minor sons/daughter and parents filed the claim petition claiming a compensation of Rs. 4 lacs. The mother of the deceased, however, died during the pendency of the claim petition.

(3.) The claim petition was contested by respondent Nos. 1 and 2, who filed a joint written statement and took the plea that in fact no accident had taken place. Respondent No. 3-the Insurance company also filed a separate written statement with a preliminary objection that the driver of the car was not acting in the course of his employment; he was not holding a valid driving licence and was driving the vehicle with unauthorized persons, therefore, no liability could be fastened upon the Insurance company. On the basis of the pleadings of the parties, the following issues were framed: