PARAMJIT KAUR AND OTHERS Vs. SOHAN LAL

JUDGEMENT

(1.) Through this common judgment, above titled two appeals are being disposed of filed by the legal heirs of deceased-Gopal Dass, owner and driver of the offending Tata Sumo bearing registration No. RJ-13C7056, for setting aside the impugned Award dated 30.07.2010, of the Motor Accident Claims Tribunal, Kurukshetra (for short-'the Tribunal') to the extent of holding the liability of deceased owner and driver of the offending Tata Sumo to make payment of compensation awarded to the claimantrespondent(s) namely; Sohan Lal and Sarajnit.

(2.) Learned counsel for the appellants contends that the learned Tribunal, has committed a grave error by ignoring the fact that liability of the legal heirs of deceased owner of the offending Tata Sumo could not have been fastened beyond the value of the property which they had inherited from deceased-Gopal Dass. No evidence was led by the respondent-claimants as for how much value, the appellants as legal heirs of deceased-Gopal Dass had inherited the property or assets from him. Therefore, no liability to pay the amount of compensation could have been fastened upon them.

(3.) Having given considerable thought to the submissions of learned counsel for the appellants, I find merit in both the appeals for the reasons to follow: