Judgment

Mr. Harpreet Singh Brar, J. :-

CM-10253-CII of 2017 (in FAO-3106-2017)

1. Prayer in this application filed under Section 151 of CPC, is for condonation of delay of 24 days in refiling of the present appeal.

2. For the reasons recorded in the application, the delay of 24 days is hereby, condoned.

3. The application is allowed.

4. Prayer in this application filed under Section 5 of LIMITATION ACT , is for condonation of delay of 296 days in filing of the appeal.

5. For the reasons recorded in the application, the delay of 296 days is hereby, condoned.

6. The application is allowed.

FAO No.3106 of 2017 (O&M) and FAO No.1736 of 2016 (O&M)

7. Both the appeals arise out of the same award, therefore, both are being heard and decided together by this common judgment.

8. The Insurance Company through instant appeal bearing no. FAO-1736-2016 is seeking setting aside of the award dated 03.11.2015 passed by Motor Accident Claims Tribunal, Tarn Taran (for short “Tribunal”).

9. The Claimants through instant appeal bearing FAO-3106-2017 are seeking enhancement of the compensation awarded vide award dated 03.11.2015 passed by the said Tribunal.

FACTUAL BACKGROUND

10. The brief facts of the present case are that Sarwan Singh, son of Anokh Singh, aged 23 years met with a road accident on 13.03.2013. The deceased was driving a motor cycle bearing registration no.PB-46-90-0853. At that time, a buffalo came in front of the motor cycle being driven by Sarwan Singh and while trying to save the buffalo, he hit a bus bearing registration no.PB-03U-1331. As a result thereof, Sarwan Singh fell on the road and sustained head injury which caused his death. The claimants filed a petition under Section 166 of the MOTOR VEHICLES ACT , 1988 (for short ‘the Act’), seeking compensation on account of death of Sarwan Singh.

11. The learned Tribunal had framed the following issues:

1. Whether Sarwan Singh had died in the motor vehicular accident which took place on 13.3.2013 in the area near Tarn Taran at about 11:15 AM due to rash and negligent driving of bus bearing No.PB-03-V-1331 being driven by respondent No.3-Iqbal Singh?

2. If issue No.1 is proved, whether the petitioners are entitled for compensation, if so, to what extent?

3. Whether respondent No.3 - Iqbal Singh was not having legal and valid driving licence at the time of alleged accident?

12. Learned Tribunal had held that the claimants are entitled to the grant of compensation of a sum of Rs.17,40,403.34 payable by respondent No.4-United India Insurance Company Limited, on account of death of Sarwan Singh. Respondent No.4 was directed to deposit the said amount within three months before the Tribunal, failing which the claimants shall also be entitled to 6% simple interest per annum on the said award amount from the date of filing of the claim petition till the realization of the whole compensation amount.

CONTENTIONS

13. Learned counsel for the Insurance Company has argued that the onus to prove negligence of the driver of the offending vehicle was upon the claimants. Admittedly, no FIR has been lodged regarding the accident in which the deceased-Sarwan Singh had died, only DDR has been lodged. The version recorded in the DDR indicates that the deceased-Sarwan Singh had hit the bus while saving the buffalo and nobody was at fault, as such, finding of the learned Tribunal on issue No.1 is wrong.

14. Learned counsel for the Insurance Company further contended that the deceased himself was negligent and it was due to his negligence that the accident to