NATIONAL INSURANCE CO LTD Vs. SUKHDEV KAUR

JUDGEMENT

(1.) IN this appeal, challenge is to the award of Motor Accidents Claims Tribunal, Kapurthala dated December 1, 1983 vide which a sum of Rs. 1,00,000/- was allowed as compensation to Sukhdev Kaur along with the interest at the rate of 12 per cent per annum thereon from the date of the institution of the claim application, i. e. , October 19, 1982 till realisation. This appeal has been filed by National Insurance Co. Ltd. with whom the ill-fated jeep was insured and Rajesh Kumar, owner of the jeep. Award was also made in another claim application with which we are not concerned in this appeal.

(2.) SUKHDEV Kaur and Mehnga Singh were sitting on a bench, Sukhdev Kaur holding her infant child. They were to board a bus from bus stand of village Rehana Jattan. Jeep No. PNW 5713 driven by Neel Kanth came at a rash speed from Hoshiarpur side and struck against the bench on which Mehnga Singh and Sukhdev Kaur were sitting. Mehnga Singh was run over by the jeep and Sukhdev Kaur suffered injuries. Ultimately her leg had to be amputated. After the impact, the jeep struck against the gate of the nearby school and stopped. Mehnga Singh died on reaching the hospital whereas Sukhdev Kaur was admitted. As already noticed above, Sukhdev Kaur's leg had to be amputated. She also received other injuries. Sukhdev Kaur claimed a sum of Rs. 1,50,000/- as compensation for the injuries suffered. Legal representatives of Mehnga Singh filed a separate claim application. Both the cases were tried together and were contested. It was denied that Neel Kanth was driving the jeep. It was also denied that the jeep was being driven rashly and negligently. When the jeep was coming, a bus was noticed parked at the bus stand, Rehana Jattan, the driver of the jeep applied brakes which failed and the jeep struck against the pillar of the gate. The accident could not be avoided.

(3.) THE following issues were framed: (1)Whether the accident took place due to rash and negligent driving by driver Neel Kanth? OPP (2) If issue No. 1 is proved, to what amount the claimants are entitled and from whom and in what respect? OPP (3) Relief.