ASHOK KUMAR Vs. JASBIR KAUR

JUDGEMENT

(1.) This appeal is directed against the award dated 22.3.2006 passed by the Motor Accident Claims Tribunal, Jalandhar vide which an amount of Rs. 4,05,000/- has been awarded to the claimants as compensation with the observation that "the liability of respondents No. 1 to 3 to pay the amount shall be joint and several. However, it will be open to the insurer to recover the said amount either from the insured, i.e., Ashok Kumar or from the transferee of the vehicle, i.e., Hari Singh, respondent No. 2.

(2.) The brief facts giving rise to the claim petition are that on 15.10.2004, Gurdial Singh since deceased was approaching from Village Ramidi on his scooter bearing registration No. PB-07-L-6397 followed by scooter bearing registration No. PB-09-B-9167 being driven by Sarabjit Singh son of Bakhshish Singh. Around 5:00 P.M., when they neared Gadhana, Railway Crossing, meanwhile a Maruti Car bearing registration No. PB-10-AJ-9858 being driven by Gulzar Singh-respondent rashly and negligently came from the opposite direction on a wrong side without blowing any horn and without applying brakes and hit against the scooter of Gurdial Singh. As a result of its impact, Gurdial Singh sustained multiple injuries on his body. He was removed to Beas Hospital by Sarabjit Singh. He was given first aid and referred to Nayyar Heart Institute & Super Speciality Hospital, Amritsar where he was admitted on 15.10.2004 and discharged on 5.11.2004, whereafter he was again admitted in the Sacred Heart Hospital, Maqsudan on the same day where he remained under treatment till his death, i.e., 7.1.2005. An FIR bearing No. 56 dated 4.11.2004 was got registered under Sections 279/337/338/427 IPC with Police Station Dhilwan, District Kapurthala. After his death, the offence under Section 304-A IPC was also added. The deceased aged about 42 years was doing agriculture work apart from dairy farming. His monthly income was Rs. 15,000/-. He is survived by his wife, daughter and son. On these allegations, this petition was filed for grant of compensation to the tune of Rs. 25 lacs. In their written statement, Gulzar Singh driver and Hari Singh owner of the offending vehicle denied the accident. As alleged, the offending car stood insured and that being so, the insurer is liable to pay the compensation, if any, to be awarded by the Tribunal. Lastly, it has been prayed that the petition may be dismissed. The National Insurance Company-respondent in the written statement alleged that Gulzar Singh was not holding any valid and effective licence at the time of accident and as such, there is breach of conditions of the insurance policy. Traversing other facts, prayed for dismissal of the petition. The following issues were framed :-

(3.) After hearing the learned counsel for the parties and examining the evidence on record, the learned Tribunal awarded the amount of compensation as noticed earlier.