JASVIR SINGH @ JASSA Vs. NEW INDIA INSURANCE COMPANY

JUDGEMENT

(1.) A claim petition filed under Sec. 166 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, Faridkot came to be decided vide award dtd. 14/5/2014 and a compensation amount of Rs.7,37,000.00 along with interest at the rate of 6% per annum from the date of filing of claim petition till realization was granted in favour of the claimants.

(2.) The instant appeal has been preferred by the driver and owner of the offending vehicle assailing the award dtd. 14/5/2014 to the extent recovery rights in relation to the compensation amount have been granted to respondent No.1/New India Insurance Company.

(3.) Brief facts of the case are that on 9/3/2013, Jaspal Singh along with his wife Kulwinder Kaur and brother Harmesh Singh had boarded bus bearing registration No.PB-04-M-9785 driven and owned by the appellants herein. In the claim petition, it was asserted that when the bus reached near a particular village, Jaspal Singh had climbed the roof of the bus to bring down certain articles and at such point of time, driver Jasvir Singh (appellant No.1 herein) suddenly accelerated the bus and on account of which Jaspal Singh fell down on the pucca portion of the road and received multiple injuries. He was initially taken to Medical College, Faridkot and thereupon to Jha Hospital, Bathinda but he succumbed to his injuries on 13/3/2013. FIR No.24, dtd. 10/3/2013 was got registered at Police Station Bajakhana.