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Smt. Gurmej Kaur and Others vs Labh Singh and Others

Punjab And Haryana At Chandigarh · Decided on 9 January 1996 · Citation: (1996) 113 PLR 16

HON’BLE JUDGES
Amarjeet Chaudhary, J
ACTS & SECTIONS REFERRED
Motor Vehicles Act, 1939 — Section 92A
RESULT
Allowed
CASE NUMBER
First Appeal From Order No. 969 of 1990
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Judgment

7 paragraphs · 343 words

Amarjeet Chaudhary, J.—The Motor Accident Claims Tribunal, Amritsar on 24.8.1990 dismissed a claim petition u/s 110-A of the Motor Vehicles Act, by holding that Avtar Singh had not died in the accident due to rash and negligent driving of truck No. PUT 8648 by Labh Singh, respondent No. 1. Dissatisfied with the award, the claimants have filed the present appeal for setting aside the award of the Motor Accident Claims Tribunal, Amritsar.

2.

Counsel for the appellants contends that the Tribunal has wrongly held that Avtar Singh had not died in a motor accident on 10.1.1989 due to rash and negligent driving of truck No. PUT-8649. Counsel further contends that the F.I.R. was also lodged and autopsy on the dead body was also conducted but these facts were not taken into consideration by the Tribunal. As such, the award of the Motor Accidents Claims Tribunal, Amritsar deserves to be set aside.

3.

Mr. Pardeep Bedi, counsel for the Insurance Company contends that the claimants have made a new case and as such no interference in the well reasoned award of the Motor Accident Claims Tribunal, Amritsar is called for.

4.

I have considered the submissions of learned counsel for the parties and perused the paper book. I am of the view that the ends of justice will be well met if the claimants are allowed to lead additional evidence on issue No. 2.

5.

In this view of the matter, the award of the Motor Accident Claims Tribunal, Amritsar, dated 24.8.1990 is set aside. The claimants are afforded two opportunities to lead additional evidence on issue No. 2. The Tribunal will record fresh finding on issue No. 2 on the basis of evidence, to be adduced by the claimants.

6.

Meanwhile, it is directed that the Insurance Company will pay Rs. 25,000/- to the claimants on account of no fault liability, which shall be adjusted towards final award.

7.

Parties through their counsel are directed to appear before the Motor Accident Claims Tribunal, Amritsar on 20.2.1996 to receive further directions in the matter.