KULDEEP SINGH ALIAS NITU Vs. JAIBIR SINGH
LAWS(P&H)-2012-2-102
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 14,2012

Kuldeep Singh Alias Nitu Appellant
VERSUS
JAIBIR SINGH Respondents

JUDGEMENT

- (1.) On November 19 th , 1992 Kuldeep Singh alias Nituappellant along with Puran Singh and Chanan Singh was going on motor cycle No. PB-31-1942 from Fatehabad to Sirsa. Puran Singh was driving the motor cycle. On the way, they met with an accident with a Haryana Roadways Bus bearing No. HR-20-9884 driven by Jaibir Singh. FIR No.658 was registered in Police Station Fatehabad under Sections 304 etc. IPC against Jaibir Singh. Chanan Singh succumbed to his injuries. Kuldeep Singh received multiple injuries. Legal representatives of the deceased and Kuldeep Singh filed claim applications under Section 166 of the Motor Vehicle Act before the Motor Accident Claims Tribunal (for short "the Tribunal"), Hisar.
(2.) The Tribunal accepted the claim application filed by legal representatives of the deceased but dismissed the claim application filed by Kuldeep Singh on the short ground that he did not examine the Medical Officers.
(3.) Aggrieved of the Award dated December 7 th , 1994 Kuldeep Singh as well as legal representatives of the deceased filed appeals before this Court bearing FAO No.414, 415 and 416 of 1995. FAO No.414 and 416 of 1995 were disposed of by the First Lok Adalat of this Court. FAO NO.415 of 1995 filed by Kuldeep Singh was also taken up by the Lok Adalat on September 24 th , 2001. Vide order dated September 24 th , 2001 the Lok Adalat awarded an amount of Rs.1,90,385/- along with interest at the rate of 12% per annum from the date of filing of claim application, that is, December 23 rd , 1992 till payment was made and directed the State of Haryana and General Manager, Haryana Roadways, Hisar to make the payment. The Lok Adalat also held that in case of not consenting to the proposed order, any of the parties could file objections and registry was directed to put up matter before the Bench for disposal on merits according to law. ;


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