Chander Bhan vs Rajbir Singh and Others

G.R.Majithia, J.—This judgment will dispose of F. A.O. Nos. 878 and 879 of 1983.

The facts Jasbir Singh along with his brother Narinder were returning to their village on bicycle after attending the school. When they were at a

distance of five kilometres from Dadri towards village Mirch truck bearing No. HRR 8872 came from the opposite direction. It was being driven

rashly and negligently. It dashed against the cyclists causing instantaneous death of Jasbir Singh and injurying his brother Narinder.

The claim petitions were filed by the parents of deceased Jasbir Singh and by injured Narinder.

The allegations made in the claim petition were denied by the respondents. The pleadings of the parties gave rise to the following issues:

Whether the accident took place on account of rash and negligent driving of truck No. HRR 8872 by respondent No. l?

To what amount of compensation the petitioners are entitled? If so, from F. A.O.No. 878 of 1983.

whom and in what ratio?

Whether the claim petition is not maintainable in the present form?

Whether the respondent No. 1 had no valid licence on the date of accident, if so, to what effect?

Whether the petitioners have no locus standi to file the petition?

Whether the petitioners have no cause of action?

Whether the petitions are bad on account of mis-joinder and non-joinder of necessary parties?

Whether the claim petitions have not been properly verified?

Relief.

Under Issue No. 1, the learned Tribunal on appraisal of the entire evidence came to the conclusion that the accident took place due to rash and

negligent driving of the truck by Rajbir Singh respondent No. l. Under issue No. 2, the Tribunal found that the parents of thedeceased Jasbir Singh

were entitled to compensation in the sum of Rs. 18, 900/- and in the claim petition filed by Narinder, he was awarded a sum of Rs. 13, 000/- as

compensation. The compensation amount was payable with interest at the rate of 6 per cent per annum from the date of filing of the claim petition.

Issues No. 3, 5, 6, 7 and 8 were not pressed and were decided against the respondents Under Issue No. 4, it was held that the Insurance

Company is liable to pay the compensation amount. Since the vehicle was insured with the New India Assurance Company, it was directed that

the entire compensation has to be paid by it.

The Insurance Company or the driver or the owner of the vehicle have not challenged the award.

The compensation awarded is just and fair. In the circumstances of the present case, I think no exception can be taken to it. The appeals are

dismissed. However, the parties are left to bear their own costs.