ORIENTAL INSURANCE COMPANY LTD Vs. SURINDER KAUR

JUDGEMENT

(1.) By this order, I shall dispose of three FAOs i.e. FAO-6408- 2011, FAO-6409-2011 filed on behalf of appellant - Oriental Insurance Company Ltd. and FAO-7221-2011 filed on behalf of appellants - Smt.Surinder Kaur and others, which have arisen out of the same accident.

(2.) The legal representatives of deceased Mohinder Singh namely Smt.Surinder Kaur, aged about 46 years - wife, Nipinder Singh aged about 19 years, Prabhjot Singh, aged about 17 years - sons, the latter being a minor and Mrs. Gurdial Kaur, aged about 70 years - mother had brought a claim petition under Section 166 of the Motor Vehicles Act against respondents i.e. Gurdeep Singh - driver, Gurmit Singh - owner and Oriental Insurance Company Ltd. - insurer of the offending vehicle. They had impleaded Harnek Singh aged about 74 years, father of deceased as proforma respondent. They had contended that deceased was aged about 45 years and was working as Assistant Manager in Nabha Primary Co-op. Agricultural Development Bank Ltd., Nabha; that he was sole earning member of the family. They craved for grant of compensation of Rs.70 lacs along with interest.

(3.) On notice, all the respondents had appeared in both the claim petitions. However contest was offered by respondents No.1 to 3. In the joint written statement filed on behalf of respondents No.1 and 2, they raked up preliminary objections challenging the maintainability of the claim petition and contending that claimants had not approached the Tribunal with clean hands. On merits, they denied the averments in the claim petitions contending that in fact the accident was caused due to rash and negligent driving of car bearing registration No.PB-11AB-7106. In the end, such respondents prayed for dismissal of the claim petitions.