GURNAM SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) This is a letters Patent appeal against the judgment passed by learned Single Judge of this Court in F.A.O. No. 505 of 1983 and cross objections No.77-C-II of 1983.

(2.) In a motor vehicle accident that took place on 1.10.1980 at 10.00 P.M. authored by Joginder Singh by rash and negligent driving of truck No. AMA 494 at Ropar-Chandigarh road, Gurmit Singh a minor child lost his life, Gurnam Singh received injuries which crippled him and Gurdev Singh received serious injuries. The offending truck was insured with New India Assurance Company Limited. This motor vehicle accident gave rise to three claim petitions before the Motor Accidents Claims Tribunal, Rupnagar (Punjab).

(3.) Gurnam Singh-present appellant was awarded a sum of Rs. 80,000/- with interest at the rate of 10% per annum payable from the date of the petition i.e. 18.3.1981 till realisation by the Motor Accidents Claims Tribunal. Out of this amount of Rs. 80,000/- Rs. 50,000/- was to be paid by the insurer with interest while the remaining amount was to be paid to him by Narinder Singh owner of the offending truck, in view of his finding, that Joginder Singh was responsible for this accident because of rash and negligent driving of the truck by him.