GIAN SINGH Vs. RAM KRISHAN KOHLI

JUDGEMENT

(1.) We have heard the learned counsel the appellants, Mr. Surinder Singh.

(2.) By means of this reference, the learned Single Judge, instead of formulating a question of law in terms of Rule 18 of the Jammu and Kashmir High Court Rules, (now Rule 33 of the Jammu and Kashmir High Court Rules, 1998), for authoritative pronouncement to a Division Bench, reflected the matter in the penultimate para of the reference dated 19-5-1995, which reads as under :

(3.) The question involved in the reference is, whether the sisters and brother of a person, who is killed in a motor vehicle accident, can claim compensation in a proceeding instituted before the Motor Accident Claims Tribunal established under the provisions of the Motor Vehicles Act. 1939 (hereinafter referred to as Act). Before we embark on discussing the point canvassed before us, the brief facts of the case may be noticed. On account of the negligence on the part of the driver of a Mini-Bus belonging to Ram Krishan Kohli, respondent-1, a young man, named, Davinder Singh, aged 21/22 years, was run over by Mini-Bus No. JK-02A-6747, resulting in his untimely death. Gian Singh and Smt. Jasbir Kour, who happened to be the parents of the deceased, Harjeet Kour and Balwinder Kour, sister and Mohinder Singh, brother of the deceased, commenced a petition before the Motor Accident Claims Tribunal, alleging that they were heirs and legal representatives of the deceased. It was also pleaded before the Tribunal that one of the sisters and minor school going child are handicapped and incapable of doing any job. This fact, however, was accepted by the Tribunal, but awarded an amount of Rs.1,20,000.00 in specifically deciding that the parents of the deceased are entitled to such compensation.