DHANPATI DEVI Vs. GURBACHAN LAL

JUDGEMENT

(1.) This order will dispose of F.A.O. Nos. 1238 of 1985 and F.A.O. No. 40 of 1986 along with X-obj. Nos. 65-CII of 1986 and 66-CII of 1986 respectively. For the sake of convenience, the facts are being taken from F.A.O. No. 1238 of 1985.

(2.) Both these appeals arise out of the common award passed by the learned Motor Accident Claims Tribunal, Karnal vide which a sum of Rs. 15000/- was granted to the claimants in each case on account of no fault liability.

(3.) A petition under Section 110-A of the Motor Vehicles Act, 1939 was filed by the claimants-appellants claiming compensation on account of death of Janki Dass and Surinder Pal. The learned Tribunal came to the conclusion that the accident had not occurred due to rash and negligent driving of truck No. PBO 5217. which was driven by Narinder Pal, as no claim was raised against the owner of the car or the insurance company. On issue No. 2 it was held that the appellants are entitled to a sum of Rs. 15000/- in each of the claim petitions under no fault liability. They were also held entitled to the interest @ 12% p.a. from the date of claim petition till realisation.