In the High Court of Punjab and Haryana at Chandigarh
F.A.O. No. 1856 of 2003
Date of decision: July 02, 2009
Smt. Sant Kaur
.. Appellant
Vs.
Riyaz Ahmad and others
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal Present: None for the parties. A.N. Jindal, J
Kulwant Singh, aged about 30 years, died in a motor vehicle
accident, therefore, on institution of the claim petition by the claimant-
appellant (herein referred as ‘the appellant’), the Motor Accident Claims
Tribunal, Panipat (herein referred as ‘the Tribunal’) awarded compensation
to the tune of Rs.4,32,000/- in favour of the claimants No.1 and 6 and
against the respondents, however, it was made clear that the compensation
amount shall be payable by the Insurance Company along with interest @
9% per annum from the date of filing of the petition till realization, and
further that the Insurance Company would pay the amount to the claimants
and shall recover the same from the respondents No.2 and 3 namely Abdul
Hamid and Gulam Mahidun Singh respectively, owners of the truck bearing
registration No. JK-01-4122.
Having perused the impugned award, it transpires that the trial
court was justified in making the observations regarding the negligence so
as also the liability of the Insurance Company as well as the owners,
particularly, for the reasons that the driving lience as produced by the driver
was found to be fake. The judgment appears to be well reasoned and does
not call for any further interference inasmuch as for enhancement of the
compensation amount.
Dismissed.
July 02, 2009 (A.N. Jindal) deepak Judge