AMRIK SINGH SADHANA Vs. RAJINDER KAUR PAL

JUDGEMENT

(1.) THIS petition will dispose of FAO No. 1177 of 1991, FAO No. 255 of 1992 and Cross Objection No. 841 of 1992 as they arise out of the following facts.

(2.) ON the night intervening 13/14th January, 1988 Harnek Singh Pal (Since deceased) and Mohan Lal PW 4 were travelling in Maruti Car No. PCN 9136 driven by Chemkar Singh from Adampur to Delhi. When the car reached near Madhuban in district Karnal at about 5. 30 a. m. on 14th January, 1988, a truck No. OBX 7295 driven by Purshotam Singh came from the opposite side. As the drivers of both the vehicles were driving rashly and negligently and were about to cross each other, there was a head on collision between them, as a result of which Harnek Singh Pal who was sitting on the rear seat received injuries and later on died in the hospital whereas Mohan Lal PW 4 escaped with minor injuries to lodge an FIR at the Police Station, Karnal. On these facts the claim petition was filed by the heirs of Harnek Singh Pal.

(3.) ON the pleadings of the parties, the Tribunal framed the following issues: