F.A.O.NO.2824 OF 2001 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO.2824 OF 2001 Date of decision:12th October, 2010 Smt. Khazani widow of Prem Singh, resident of Chiri Tehsil Meham District, Rohtak. .......Appellant Versus Subhash Chand and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Narender Hooda, Advocate, for the appellant. Mr. Ravinder Arora, Advocate, for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The appeal is against the dismissal of the petition filed at the instance of the mother of the deceased Ramesh son of Shri Prem Singh. The contention was that he had taken a lift in the insured's vehicle on 19.05.1998 and was travelling in the insured's vehicle, when, by the rash and negligent driving of respondent No. 4 Nathu Ram, the vehicle turned turtle and the son of the claimant died. The accident was an admitted fact in the written statement filed by the owner. Neither the owner nor the driver denied the death of the F.A.O.NO.2824 OF 2001 2 claimant's son in the accident. What was in denial was only the manner in which the accident had taken place. There had been however, some mistake in entries in post mortem which was subsequently corrected to refer to the name of the deceased. The Tribunal however, held that the appellant had failed to prove the death of her son Ramesh. The finding of issue no. 2 was erroneous with the admitted position at the trial. I would not go into all the details for I take the reversal of the decision rendered by the Tribunal. On admitted pleadings I give a direction to the Tribunal to now undertake the case for inquiry as regards the income and the dependency aspect that could be relevant for determining the quantum of compensation and the status of the deceased in the vehicle that would become relevant to consider whether the insurance company would be liable or not. 2. The award of the Tribunal is set aside and remitted to the Tribunal for consideration of the case afresh for disposal in accordance with law. 3. Parties are directed to appear before Motor Accident Claims Tribunal, Rohtak on 23.11.2010. [K.KANNAN] JUDGE 12th October, 2010 Shivani Kaushik