MANDEEP KAUR Vs. AVTAR SINGH

JUDGEMENT

(1.) This judgment shall dispose of (Mandeep Kaur and others v. Avtar Singh and others), FAO No.9317 of 2014 (Gurmeet Kaur v. Avtar Singh and others), FAO No.6826 of 2015 (Harbans Singh v. National Insurance Company Ltd. and others) and FAO No.6829 of 2015 (Harbans Singh v. National Insurance Company Ltd. and others) as all of them arise out of a motor vehicle accident which took place on 20.01.2010. FAO Nos.9316 and 9317 of 2014 have been filed by the claimants seeking enhancement of compensation awarded to them by the learned Motor Accident Claims Tribunal, Ludhiana (hereinafter referred to as, the 'Tribunal') whereas, FAO Nos.6826 and 6829 of 2015 have been filed by the owner of the offending vehicle challenging the right afforded to the Insurance company to recover the amount of compensation from him.

(2.) Brief facts necessary for adjudication of the case are that, two claim petitions under Section 166 of Motor Vehicles Act were preferred by the claimants seeking compensation on account of death of Paramjit Singh and Kulwinder Singh (who were real brothers) in a motor vehicle accident which took place on 20.01.2010. It is pleaded that the said accident occurred due to the rash and negligent driving of Scorpio car bearing registration No.PB-10BS-9817 by and connected matters [3] respondent-Avtar Singh. FIR No.3 dated 20.01.2010 under Sections 304A/279/ 337 IPC was registered at Police Station Humbran against the respondent-driver.

(3.) Claim petition i.e., MACT No.76 of 22.3.2010 (subject matter of FAO No.9317 of 2014) was initially filed by Gurmeet Kaur and her husband, Jagdev Singh seeking compensation on account of death of their son, Kulwinder Singh. Jagdev Singh, however, passed away during the pendency of the petition. MACT No.75 of 22.3.2010 (subject matter of FAO No.9316 of 2014) has been filed by the legal representatives of deceased-Paramjit Singh i.e., his widow, minor children and mother.