VEERPAL KAUR Vs. KULWANT SINGH

JUDGEMENT

(1.) The present appeal is against award dtd. 22/11/2002 passed by the Motor Accident Claims Tribunal, Bathinda (hereinafter referred to as 'the Tribunal'). The appellants are widow, minor son, widowed mother, one minor brother and a sister. Respondents are driver, owner and insurer (i.e. National Insurance Company Ltd.) of Truck bearing registration No.RJ-31- G-0407 (for short 'offending vehicle').

(2.) The record of this appeal was burnt and from the salvaged record of the partially burnt cases, the same was reconstructed subject to all just exceptions and further verification.

(3.) The brief facts necessary for adjudication of the present appeal are that on 20/10/2001 Baltej Singh alongwith Sukhmander Singh and Gurtej Singh was going on a scooter bearing registration No.PB-56-8355. On the way, the scooter was hit by the offending vehicle near village Jalal. As a result of the impact, both the riders of the scooter sustained injuries. Baltej Singh was removed to Civil Hospital, Bhagta Bhai Ka, from where he was referred to C.M.C. Ludhiana, where he succumbed to injuries. FIR no. 77 dtd. 20/10/2001 was registered at Police Station Dialpura.