Balkishan Gupta vs Baljit Singh & Ors

J.R. Midha, J

The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.13,60,000/- has been awarded to respondents No.1

and 2 against the appellant.

The accident dated 02nd December, 2013 resulted in the death of Ravi Kumar. The deceased, Ravi Kumar was a student aged 17 years and 6

months at the time of accident and was survived by his parents who claimed the compensation. The Claims Tribunal awarded Rs.13,60,000/- to

respondents No.1 and 2 against the appellant.

The appellant is the registered owner of the offending vehicle bearing No.DL 3C AW 7713 which was driven by respondent No.3 at the time of

accident. Learned counsel for the appellant urged at the time of hearing that the appellant had returned the vehicle to respondent No.4 on 06th May,

2012 0(prior to the accident dated 01st/02nd December, 2013) in exchange for a new vehicle. It is submitted that respondent No.4 had taken the

liability to transfer the documents and the vehicle to the buyer of the said vehicle. It is further submitted that respondent No.4 sold the vehicle to

respondent No.5. It is further submitted that the appellant is restricting the present appeal to the award being passed jointly and severally against the

appellant and respondent No.3. So far as respondent No.4 is concerned, the appellant shall seek the appropriate relief in the pending civil suit. It is

further submitted that the appellant does not press for any relief against the respondents No.5, 6 and 7 in this appeal.

There is no appearance on behalf of respondent No.3.

This Court is satisfied that the appellant as well as respondent No.3 are jointly and severally liable to pay the compensation amount to respondents

No.1 and 2.

This appeal is allowed and the impugned award is modified to the extent that the appellant as well as respondent No.3 are jointly and severally liable

to pay the award amount of Rs.13,60,000/- along with interest accrued thereon to respondents No.1 and 2.

The appellant has deposited Rs.3,00,000/- with the Registrar General of this Court in terms of the order dated 27th July, 2018. Respondent No.1

present in Court has produced the passbook of his savings bank account as well as savings bank account of respondent No.2. The particulars of their

savings bank accounts are as under:-

Baljit Singh (Respondent No.1)

A/c No.3343000100024011

Punjab National Bank, Kharanti Branch

District Rohtak, Haryana

IFSC Code: PUNB0334300

Anita (Respondent No.2) A/c No.3343000100080770

Punjab National Bank, Kharanti Branch

District Rohtak, Haryana

IFSC Code: PUNB0334300

The Registrar General is directed to release the aforesaid amount of Rs.3,00,000/- along with interest accrued thereon as well as the statutory

amount of Rs.25,000/- deposited by the appellant, to respondents No.1 and 2 by instructing UCO Bank, Delhi High Court Branch as under:-

(i) Rs.50,000/- be transferred to the savings bank account of respondent No.1 within three weeks.

(ii) The balance amount be transferred to savings bank account of respondent No.2 within three weeks.

The interim order dated 27th July, 2018 is vacated.

Respondents No.1 and 2 are at liberty to execute this award in accordance with the law against the appellant and respondent No.3.

The appellant is also at liberty to pursue the legal remedies against respondent No.4 in accordance with the law.

Copy of this judgment be given dasti to counsels for the parties under signatures of the Court Master.