NATIONAL INSURANCE COMPANY LTD Vs. GURPREET KAUR

JUDGEMENT

(1.) Smt.Gurpreet Kaur, aged about 33 years - wife, Master Harshmeet Singh, aged about 5 years - minor son and Smt.Kulwinder Kaur, aged about 59 years - mother of Parminder Singh, who lost his life in a motor vehicular accident, had brought a claim petition under Section 166 of the Motor Vehicles Act, 1988 against respondents i.e. Darshan Singh (since dead through his legal heirs, namely, Smt.Gagandeep Kaur - widow, Ms.Manpreet Kaur, Ms.Amritpal Kaur, Ms.Sumandeep Kaur - minor daughters and Master Harmanpreet Singh - minor son) - driver and

(2.) owner of car bearing registration No.PB11-V-5080(hereinafter referred to as the offending car) as well as National Insurance Company Ltd., Chandigarh - insurer of the said car, claiming compensation to the tune of Rs.75 lakhs.

(3.) As per the case of the petitioners/claimants, on 5.12.2016, Parminder Singh was returning home from his office in his car driving it at a slow speed on left side of the road; that when he had reached near New Anaj Mandi at Sirsa Road, Mansa and the time was about 9:00 p.m., then his car was struck by the offending car being driven by Darshan Singh (since dead) at fast speed and in a rash and negligent manner by going on the wrong side of the road; resultantly Parminder Singh sustained serious injuries and died and the driver of offending car had also expired. According to the claimants, Parminder Singh was aged about 32 years and was working as LDC/typist with Punjab State Power Corporation Ltd., DS Division, Mansa having monthly income of Rs.35,000/- and the claimants were dependent upon him for their financial needs. According to the claimants, FIR regarding the accident was not registered since driver of the offending car namely Darshan Singh had also expired in the mishap.