BALDEV KAUR Vs. NAZAR SINGH

JUDGEMENT

(1.) BALDEV Kaur widow, Bhajanjit Kaur minor daughter, Harkirat Singh minor son and Ind Kaur mother of Onkar Singh deceased filed Claim petition under Section 166 of the Motor Vehicles Act, 1988 for the grant of compensation to the tune of Rupees twenty lacs on account of death of Onkar Singh son of Shri Harnek Singh, in Motor Vehicular accident.

(2.) THE case of appellant as pleaded in their claim petition is that on 22-10-1989, Bharat Harvestor Combine belonging to respondents No. 2 to 5 was engaged for harvesting paddy crop in the fields of Jugraj son of Shri Ujjal Singh. The same got stuck in the field and in order to pull it out, five tractors were engaged. One of those tractors was of Harnek Singh on which Onkar Singh deceased was sitting. The other tractors belonged to Kaur Singh, Jugraj Singh, Jana Singh, Harminder Singh and Harwinder Singh. The driver of combine was Nazar Singh, respondent No.

(3.) THE claim was resisted by the respondents No. 1 to 5 who stated that the liability, if any, is of the Insurance Company with which the Harvestor Combine was insured. It is further averred that in case there is any negligence, it was due to the action of the Punjab State Electricity Board.