SUSHMA RANI Vs. MANJIT SINGH

JUDGEMENT

(1.) BY this common judgment two appeals can conveniently be dispose of together. Both the appeals are directed against the common award passed by the Motor Accidents Claims Tribunal, Barnala dated 4. 9. 1996. By virtue of the impugned award the learned Tribunal awarded a compensation of Rs. 5,76,000.00 alongwith interest at the rate of 12% per annum from the date of the award till its realization to petitioner Rajni and others. The compensation was awarded even to Satish Kumar injured which is not in controversy before us. The learned Tribunal had directed that share of the minors be deposited in some Nationalized Bank and shall be kept in fixed deposit initially for a period of three years. It should be revived from time to time till the minors attains majority. It was further directed that the amount be deposited in the name of the misers through their guardian. The interest would accrue on that amount every year and shall be paid to the guardians for discharging obligation of the minor children. On attaining majority they are entitled to recover the amount. In the case of Sushma Rani Rs. 36,000.00 were to be paid to her and balance amount was to be deposited in a Nationalised Bank at Barnala. It was to be kept in a fixed deposit initially for a period of 3 years. It was to be revived from time to time during her life time. The interest which is to be accrued has to be paid to her. Since the claimants as well as the New India Assurance Company Limited, both have challenged the said award, both the F. A. O. Nos. 814 and 935 of 1997 can be disposed together.

(2.) THE relevant facts are that Raj Kumar was coming on his motor cycle from Handiaya towards Barnala at about 11. 00 A. M. Satish Kumar was the pillion rider on his motor-cycle. When they reached near Gurudwara Nanaksar situated at Handiaya road, Barnala, one jeep bearing No. DHB 6126 came from the side of Handiaya at a high speed. The driver of the said jeep did not blow any horn and struck against the motor-cycle. It caused injuries on the person of Satish Kumar. Raj Kumar succumbed to the injuries. Manjit Singh was the driver of the jeep which was owned by Jagdev Singh. The jeep was insured with the New India Assurance Company.

(3.) THE petition was contested. The driver and the owner of the jeep denied the accident. The issuance of the policy was not disputed. So far as the Insurance Company is concerned, it had filed separate reply. A defence was taken that driver of the jeep did not have a valid driving licence. Consequently, the company was not liable to pay any compensation.