AMARJIT SINGH Vs. ASHA BHALLA & ORS.

JUDGEMENT

(1.) By this common judgment, I propose to decide both the appeals (FAO No. 2159 of 2000 and FAO No. 801 of 2001) as the same arise out of one and the same accident.

(2.) The accident took place on 13.03.1998 while the deceased Inder Raj Bhalla was travelling in a three wheeler bearing No. PB-07-3219. The three wheeler was boarded by him from Bankhandi and was going towards Hoshiarpur. There were six more people also boarded the said three wheeler. The driver of the three wheeler viz. Amarjit Singh was driving rashly and negligently and did not restrain himself even when asked to do so by the passengers. As a result, the three wheeler hit a sheesham tree in the area of village Chak Sadhu . As a result of this accident Inder Raj Bhalla died at the spot while the other passengers suffered injuries. FIR No. 49 dated 13.03.1998 was registered at the instance of Mangal Singh son of Kartar Singh (one of the passengers in the three wheeler). The learned Tribunal awarded a sum of Rs. 4,89,600/- on account of death of Inder Raj Bhalla and the liability to pay the same was imposed on Amarjit Singh. The Insurance Company and respondent No. 6 were discharged.

(3.) The claimants and Amarjit Singh (owner and driver of the offending vehicle) have filed these appeal for enhancement of compensation and for removal of liability, respectively.