KAMLESH KUMARI Vs. GIAN SINGH

JUDGEMENT

(1.) This appeal has come about by the claimants against an Award dtd. 5/12/2001 in MACT Case No.36/2001 whereby the Court of learned Motor Accident Claims Tribunal, Karnal while jointly deciding this claim petition with another matter had allowed the claim awarding total compensation of ? 8,70,000/- with interest @ 9% p.a. from the date of filing of the petition till realization of the amount. It was the claim of the claimants that deceased Rajbir Singh husband of claimant Santosh Kumari appellant was working with the Food Corporation of India (FCI) and on the fateful day i.e. 1/6/1999 while going on a scooter bearing registration No.HR05B-9815 was hit by the offending tractor bearing No.HR05B-1045 which was being drivenrashly and negligently at a high speed by respondent Gian Singh and which vehicle was owned by then respondent Kanwar and insured with United India Insurance Co. Ltd. as a result of which both the occupants had died.

(2.) The respondent owner of the driver denied the accident being an outcome of rash and negligent driving while the insurer denied for want of knowledge. The Tribunal framed the following issues:-

(3.) The claimants examined PW1 Kishan Lai, PW2 claimant Santosh Kumari, PW3 Kamlesh, PW4 Ved Parkash, PW5 Krishan Kumar and tendered documents while respondents examined one Kanwar Singh as PW1 leading to passing of the impugned Award.