KULWANT SINGH Vs. PARGAT SINGH

JUDGEMENT

(1.) BY this common order, three FAOs No. 2417 of 2001, No. 2418 of 2001 and No. 5085 of 2003, arising out of common award dated 5.1.2001, passed by learned Motor Accident Claims Tribunal, Amritsar (for short Tribunal) relating to the motor vehicular accident that took place on 13.1.1997 involving offending vehicle (tractor being driven by Pargat Singh (appellant in FAO No. 5085/2003). In the said accident one Sarbjit Singh, son of Darshan Singh (appellant in FAO No. 2418/2001) died whereas Kulwant Singh (appellant in FAO No. 2417/2001) and another son of said Darshan Singh received injuries.

(2.) DARSHAN Singh, father of the deceased Sarbjit Singh and Kulwant Singh and Barinderjit Singh, sons of Darshan Singh and brothers of deceased Sarbjit Singh filed claim petition No. 77/1997, claiming compensation for the death of said Sarbjit Singh and injuries suffered by Kulwant Singh in the said motor vehicular accident.

(3.) AGGRIEVED against the award, Darshan Singh and Kulwant Singh have filed FAO Nos. 2417/2418 of 2001 seeking enhancement of compensation whereas FAO No. 5085/2003 has been filed by Pargat Singh,driver of the offending tractor for setting aside the award on the grounds that their was no negligence on his part and that the compensation awarded is on higher side.