NEW INDIA ASSURANCE CO LTD Vs. MOHINDER KAUR

JUDGEMENT

(1.) We propose to dispose of L.P.A. No. 168 of 1986 and 262 of 1986 which are directed against the judgment dated 12.12.l985 of learned Single Judge of this Court in F.A.O. No. 234 of 1979 and F.A.O. No. 159 of 1979 respectively as they involve common questions of facts and law.

(2.) On 13.9.1978 at 6.15 A.M. Joginder Singh Bedi was coming on his Scooter on Patiala-Sangrur road. A speeding truck No. PUV 8225 owned by Surinder Pal Singh son of Balwant Singh-respondent and driven by Jagir Singh, driver-respondent came from the opposite direction and dashed into the scooter of Joginder Singh Bedi who was hit and killed at the spot. The offending truck was being driven rashly and negligently and after causing the accident it sped away. This accident took place near the First Sikh Regiment Gate on the Patiala-Sangrur road. Deceased Joginder Singh Bedi left behind him his widow Mohinder Kaur and a minor daughter Parabhjot Kaur who filed Motor Accidents Claims case No.9 of 1976 before the Motor Accidents Claims Tribunal, Patiala recorded a finding that the offending truck aforesaid was being driven rashly and negligently and the accident had been caused due to his rash and negligent driving. The Tribunal awarded compensation of Rs.40,000/- to the three minor: children of the deceased. Joginder Singh Bedi and awarded a compensation of Rs.10,000/- to his widow Mohinder kaur. The compensation was awarded against the respondents-owner Surinder Pal Singh, Joginder Singh, driver and the New India Assurance Company Limited, Patiala. The liability of the Insurance Company in terms of the Policy was, however, limited to Rs.50,000/-. Two FAOs were filed against the judgment of the Tribunal. FAO No. 159 of 1979 was filed by Mohinder Kaur and three minor children of Joginder Singh Bedi who prayed for enhancement of the amount of compensation awarded by the Tribunal Surinder Pal Singh and New India Assurance Company Ltd. prayed for setting aside the award of the Tribunal and for dismissal of the claim application. Both the first appeals came up for hearing before the learned Single Judge of this Court on 12.12.1985. The appeal filed by the truck owner and the Insurance Company was dismissed with cost, while the appeal filed by the claimants was allowed and the compensation payable to them was enhanced to Rs,1,50,000/- along with interest @ 12% per annum from the date of the application to the date of payment of the amount awarded. A sum of Rs.20,000/- each was payable to the children of the deceased out of the amount awarded and the balance to the widow Smt. Mohinder Kaur. The liability of the respondents including the Insurance Company was directed to be Joint and several.

(3.) Feeling aggrieved against the judgment of the learned Single Judge, the Insurance Company filed LPA Nos. 168 and 262 of 1986.