NIRANJAN SINGH Vs. OM SUTA

JUDGEMENT

(1.) On the fateful evening of September 25, 1989 a mini truck No. HNX-917 hit a stationary trolley which was parked on the road side. As a result two persons-Sahib Singh and Jaswinder Singh died. Gurmukh Singh received certain injuries. The legal representatives of the two deceased persons and the injured Gurmukh Singh himself filed petitions for the grant of compensation before the Motor Accident Claims Tribunal, Ambala.

(2.) In the case filed by the legal representatives of Sahib Singh a compensation of Rs. 1,92,000/- was awarded by the Tribunal. For the death of Jaswinder Singh the Tribunal assessed the compensation at Rs. 72,000/-. Besides that an amount of Rs. 3,000/- was awarded towards the funeral expenses. Thus, a total of Rs. 75,000/- was awarded. Furthermore, in both the cases interest at the rate of 12% was also awarded. The Tribunal further held that Sahib Singh and Jaswinder Singh were travelling as gratuitous passengers. Thus, the insurance company was not liable. As a result the liability was fastened on the owner of the vehicle.

(3.) Aggrieved by the award, Niranjan Singh, the owner of the vehicle, has filed three appeals vis. FAO Nos. 269, 270 and 271 of 1994. So far as FAO No. 271 of 1994 is concerned, the insurance company has been wrongly impleaded. Thus, the case has been adjourned by a separate order. The two appeals which remain to be considered are FAO Nos. 269 and 270 of 1994.