JUDGEMENT
-
(1.) THESE five Letters Patent Appeals Nos. 140 and 183 of 1986 and 77 to 79 of 1991, arise out of two claim petitions filed under Section 110-A of the Motor Vehicles Act, 1939. Both the claim petitions were disposed of by one award by the Motor Accident Claims Tribunal, Chandigarh. Four appeals including F. A. O. No. 469 of 1981 were filed against the award of the Tribunal. In F. A. O. No. 469 of 1981 even cross objections had been filed. It is against the judgment of the learned Single Judge that these appeals have been filed. Four out of these, five Letters latent Appeals have been filed by Col. K. S. Dhaliwal. An appeal has also been filed by Sint Jagdeep Riar. These can be disposed of by one order. A few facts may be noticed.
(2.) ON July 29, 1978, at about 11. 30 A. M. , a Jeep No. CH 3004 was involved in an accident with a Car bearing No. PUR 2888. Dr. Manjit Singh Riar, who was working as a Doctor in the General Hospital, Sector 16, Chandigarh, was killed. The widow, Mrs. Jagdeep Riar who re-married, about 27 months after the death of her husband, on October 16, 1980 and the parents of the deceased claimed compensation. The Tribunal found that the accident had occured on account of the negligence of Mohinder Pal Singh, the car Driver. It awarded a compensation of Rs. 15,000/- to the widow and Rs. 60,000/ to the parents with interest at the rate of six percent per annum from the date of petition against the respondents who were held to be jointly and severally liable. On appeal, the learned Single Judge enhanced the amount of compensation payable to the widow from Rs. 15,000/- to. Rs. 25,000/- while the compensation awarded to the parents was maintained at Rs. 60,000/ -. The learned Single Judge also enhanced the rate of interest from 6 percent to 12 percent. It was also held that liability for the compensation awarded shall be that of driver Mohinder Pal and Col. K. S. Dhaliwal. " As a result, the cross objections filed by the claimant, Jagdeep Riar as also the appeals filed by the Insurer and the parents of the deceased were accepted with costs while that filed by Col. K. S. Dhaliwal was dismissed.
(3.) WE have heard learned counsel for the parties.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.