(O&M) Laxmi Devi And ORS. v. Ajad Singh And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO-518-2010 (O&M) Date of decision: 10.05.2023 Laxmi Devi and others ...Appellants

Versus

Ajad Singh and others

...Respondents

CORAM:

HON'BLE MR.JUSTICE H.S. MADAAN H.S. MADAAN , J.

Briefly stated facts of the case are that one Balwan Singh aged about 51 years working in a Government department of Animal Husbandry, posted at village Jui as VLDA getting Rs.18,500/- per month had died on 16.11.2007on account of suffering injuries in a motor vehicular accident which took place on 08.11.2007 at about 12 noon in the area near village Pokerwas within the jurisdiction of Police Station Tosham, statedly on account of rash and negligent driving of Santro Car No.HR-18A-4392 (for short 'the offending car') by respondent No.1 Ajad Singh.

2.

Legal representatives of deceased Balwan Singh namely his widow Smt. Laxmi Devi, aged about 45 years, major sons Jasbir Singh

and Manbir Singh, aged about 25 years and 23 years respectively had brought a claim petition under Section 166 of the Motor Vehicles Act, 1988 against respondents i.e. Ajad Singh driver, Manoj Kumar owner and Cholamandlam MS General Insurance Company Ltd. Chandigarh insurer of the offending car.

3.

After contest by the respondents, the claim petition was allowed by Motor Accidents Claims Tribunal, Bhiwani, vide award dated 10.08.2009 and compensation of Rs.5,95,500/- along with interest @ 7.5% p.a., from the date of filing of claim petition till actual realization was awarded to the claimants payable by all the three respondents jointly and severally.