PARTAP SINGH Vs. KARTAR KOUR
LAWS(J&K)-1999-4-23
HIGH COURT OF JAMMU AND KASHMIR
Decided on April 09,1999

PARTAP SINGH Appellant
VERSUS
Kartar Kour Respondents

JUDGEMENT

BHAWANI SINGH, J. - (1.) THIS appeal arises out of Judgment of Single Judge (CIMA No: 148/1995) dated May 14,1997.
(2.) KARTAR Singh died in the accident caused by the vehicle of appellant. The Claimant filed Claim Petition stating that accident occurred due to rash and negligent driving of offending vehicle. Compensation of Rs. 5 lac has been claimed. The respondents denied the involvement of the vehicle in this accident and stated that false and frivolous allegations have been levelled against him. The vehicle stood sold to Ravinder Singh S/o. Kuldip Singh R/ o. 722 -Ashok Nagar, Jammu Cantt in the month of June 1991. On the pleadings of the parties, following issues were framed: 1. Whether accident involving death of the deceased has occurred due to rash and negligent driving of the offending scooter by respondent No.1? OPP 2. What is the amount of compensation payable to the petitioners and by whom, in case issue No.1 is proved in affirmative? OPP 3. Relief.
(3.) ON the basis of evidence, finding on issue No.1 has gone against respondent, Tribunal holding that accident occurred due to rash and negligent driving of the offending Scooter. With respect to compendation, the finding is that dependency was more than Rs. 600/ - per month for various reasons and multiplier of 8 has been used for assessing the compensation of Rs. 57,6007 - with interest at the rate of 12% from the date of claim petition till realisation. Amount of Rs. 15,000/ - with proportionate interest has been ordered to be paid to petitioner -3, son of the deceased and balance to the widow -petitioner No. 1. Not satisfied with the award by the Tribunal, appeal was fifed before the Single Judge which stands dismissed by the impugned Judgment, hence, this letters patent appeal.;


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