- (1.) The claimant was 51/2 years old at the time of accident. The claim petition was filed through her father as next friend. The claimant prayed for award of Rs. 5 lacs as compensation because of the injuries suffered by her. On 30.03.1993, the claimant with her parents was going on foot towards Government Railway Quarters, Mohan Nagar, Kurukshetra. It was about 11.00/11.30 a.m. that the claimant was hit by truck no. HR-24-4065, belonging to respondent no. 2, due to rash and negligent driving by respondent no. 1. The right leg of the claimant was crushed by the left wheel of the truck.
(2.) The following issues were framed from pleadings of the parties:- (i) Whether the accident in question resulting into injuries to the claimant Harpreet Kaur was caused due to rash and negligent driving of truck no. HR- 24-4065 by its driver Updiner Singh, respondent no. 1 OPP. (ii) Whether the claimant is entitled to compensation. If so to what amount and from whom OPP. (iii) Whether the vehicle in question was not being driven by a person holding or having valid driving licence as alleged. If so its effect OPR. (iv) Whether the claim petition is not maintainable in the present form OPR. (v) Whether the claimant has no locus standi to file and maintain the claim petition as alleged OPR. (vi) Relief.
(3.) Learned Tribunal held respondent no. 1 to be negligent in driving the vehicle resulting into accident and ultimately determined that the victim was also liable to some extent. By determining the amount of Rs. 2 lacs as compensation, the Tribunal deducted 25% of the amount towards contributory negligence on the part of claimant. The primary responsibility to pay the amount of compensation was that of respondent no. 3-Insurance Company.;