RAM SINGH Vs. JOGINDER SINGH
LAWS(P&H)-2006-2-498
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 08,2006

RAM SINGH Appellant
VERSUS
JOGINDER SINGH Respondents

JUDGEMENT

VINEY MITTAL, J. - (1.) THIS order shall dispose of two appeals being FAO Nos. 1097 of 1995 and 1131 of 1995. Both the aforesaid appeals have been filed by the claimants and have arisen out of a common award dated September 1, 1994 passed by the Motor Accident Claims Tribunal, Sonepat (for short, 'the Tribunal').
(2.) AN accident had occurred on April 15, 1992. Three persons, namely, Kuldeep Singh, Rajbir Singh and Ganga Kumari were travelling on a motor-cycle. They were hit by a truck No. HR05/7885 which was coming from the opposite direction. Kuldeep Singh and Rajbir Singh both aged 20 years, died at the spot. Two claim petitions were filed by the parents, brothers and sisters respectively of the deceased. It was claimed by them that the driver of the truck was driving the vehicle rashly and negligently. Consequently, they claimed compensation. The learned Tribunal, on the basis of the assessment of the evidence available on the record, held that the driver of the offending truck was indeed rash and negligent in his driving. Consequently, the respondents i.e. owner, driver and Insurance Company were held liable to pay compensation. The quantum of compensation was assessed of Rs. 70,000/- each alongwith interest at the rate of 12% per annum for the death of Kuldeep Singh and Rajbir Singh.
(3.) THE claimants have remained dis-satisfied and have approached this Court through the present Regular Second Appeal.;


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