PARAMJIT KAUR Vs. NAHAR SINGH

JUDGEMENT

(1.) These are two appeals arising out of common award dated 05.07.2014 wherein the LRs of Kuldeep Singh were awarded compensation. The claimants are seeking enhancement while the insurance company has challenged the award on the ground that the deceased himself was responsible for the accident and the claim petition should have been dismissed.

(2.) The claimants are Paramjit Kaur, the widow, her two children and her mother-in-law who filed a petition under Section 166 of the Motor Vehicles Act, 1988 pleading that Kuldeep Singh Gill, aged 46 years was a Director Finance and a partner with Baba Farid Vidhayak Society and had a monthly income of Rs.50,000/-. In the intervening night of 19/20.06.2010 Kuldeep Singh, Vivek and Sohan Lal were going from Nabha and were proceeding towards Bathinda in a car bearing registration No. PB-03S-3786. The car was driven by Kuldeep. It was claimed that Kuldeep was driving on the left side of the road. At about 3:30 AM they had reached near village Jethuke when a Tata Sumo driven by respondent no.1 came from the opposite direction and went out of control and struck against the car, as a result all the occupants sustained multiple injuries and Kuldeep died on the spot. The claimants had pleaded that the police in connivance with respondents no.1 & 2 only registered the DDR and failed to file the FIR. A claim of Rs.70 lacs was filed.

(3.) Respondents no.1 & 2 denied the accident but admitted that an accident had taken place. It was pleaded that the accident occurred on account of negligence of Kuldeep and respondent no.1 was not driving the Tata Sumo and no FIR had been registered.