PRITAM SINGH Vs. JASWANT KAUR

JUDGEMENT

(1.) On account of death of Avtar Singh son of Budh Singh in a motor vehicular accident, which took place on 19.9.1989 at about 7:10 p.m. in the area of Shingar Cinema, Police Station Division No.6, Ludhiana, statedly on account of rash and negligent driving of truck bearing registration No.PUU-878 (hereinafter referred to as the offending vehicle) by respondent No.l - Arjan Kumar, the legal heirs of Avtar Singh i.e. his widow - Jaswant Kaur, minor son - Tapinder Singh, daughter - Harleen Kaur, father - Budh Singh and mother Gurbachan Kaur had brought a claim petition under Section 110-A of the Motor Vehicles Act against respondents i.e. Arjan Kumar - driver, Pritam Singh - owner and National Insurance Company Ltd. - insurer of the offendingvehicle, claiming compensation.

(2.) On notice, all the three respondent had appeared and contested the claim petition. Issues on merits were framed. Parties were afforded adequate opportunities to lead evidence.

(3.) On conclusion of trial, the Motor Accidents Claims Tribunal, Ludhiana (hereinafter referred to as the Tribunal) while allowing the petition vide award dated 22.10.1990, awarded compensation of Rs.2,40,000/- to the claimants, payable by respondents No.l to 3 jointly and severally. The amount was ordered to be shared amongst the claimants as follows: Jaswant Kaur - Rs.60,000/- Tapinder Singh - minor - Rs.70,000/- Harleen Kaur - minor - Rs.70,000/- Gurbachan Kaur - Rs.40,000/-