SUJAN SINGH Vs. DINA NATH

JUDGEMENT

(1.) This appeal against the award of the then State Motor Accidents Claims Tribunal, arises in the following circumstances :

(2.) One Devi Dass, a resident of village Mand, tehsil Udhampur, was fatally run over by vehicle No. JKA/481 on the Jammu Srinagar National Highway near village Tikkri on 13-7-1971. A petition of claim was presented on behalf of his father, mother and widow against the driver, owners and the insurance company in Dec., 1972, the tribunal awarded Rs. 50,000/- as compensation on 26-6-1982 holding the driver and the owners. jointly and severally liable while the insurance company was absolved of the liability. The appellants who were adjudged owners of the vehicle and made liable to pay the amount of the award have questioned the validity of the award inter alia, on the following grounds :

(3.) It is unfortunate and painful as well that it took more than a decade for the tribunal to award compensation and that too by short circuiting the law and the procedure for reasons which are not far to seek consequence whereof this appeal has to succeed by bringing the whole proceedings to square one after more than 16 tortuous years during which the claimants had waited to obtain relief as would be evident from what follows.