BHAJAN SINGH Vs. JARNAIL SINGH
LAWS(UTN)-2013-8-11
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on August 06,2013

BHAJAN SINGH Appellant
VERSUS
JARNAIL SINGH Respondents

JUDGEMENT

- (1.) This appeal, preferred under Section 173 of Motor Vehicles Act, 1988, is directed against award dated 26.07.2010, passed by Motor Accident Claims Tribunal/District Judge, Udham Singh Nagar, in Motor Accident Claim Case No. 27 of 2008, whereby said Tribunal has directed the appellant Bhajan Singh (owner of the tractor) 2 to pay compensation of Rs. 4,44,000/- to the claimants (respondents No.1 to 5)
(2.) Heard learned counsel for the parties, and perused the record of the Tribunal.
(3.) Brief facts of the case are that on 18.12.2007, Smt. Chindo Kaur (deceased) was going on a motorcycle bearing Registration No. UA06E-8293 with one Moin Khan from Village Diyodi to Bargadpur. When she reached near Bargadpur bend, a tractor trolley bearing Registration No. UA- 06-6256 of Sonalika make, which was being driven rashly and negligently by its driver Rajendra Singh (present respondent No.8) collided with the motorcycle, Moin Khan, and Smt. Chindo Kaur suffered injuries. Immediately, the injured were taken to the hospital, where Smt. Chindo Kaur succumbed to injuries. A First Information Report of the accident was lodged at Police Station Nanakmatta, on the basis of which, Crime No. 3211 of 2007, was registered, relating offences punishable under Section 279, 304A, 427 and 338 of I.P.C., against the driver of the tractor. After investigation, charge sheet was filed against the respondent No.8 Rajendra Singh (driver of the tractor). Claimants Jarnail Singh (husband of the deceased) and his four children namely Paramjeet Kaur, Sona Singh, Manjeet Kaur and Diler Singh filed claim petition under Section 166 of Motor Vehicles Act, 1988, before the Motor Accident Claims Tribunal/District Judge, Udham Singh Nagar. It is stated in the claim petition that the deceased was aged 35 years and she used to earn Rs. 6000/- per month. The claimants claimed Rs. 15,35,000/- as compensation from the owner of the tractor bearing Registration No. UA06-6256 and National Insurance Company Ltd., with whom, the tractor was insured, on the date of accident (18.12.2007).;


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