STATE OF HARYANA Vs. JASBIR KAUR

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the legality and propriety of the judgment rendered by Division Bench of High Court of Punjab and Haryana at Chandigarh, dismissing the appeal filed by the State of Haryana and General Manager, Road Transport, Fatehabad, the present appellants.

(3.) In a nutshell, the background facts relevant for the purpose of dealing with this appeal are as follows : One Jagga Singh (hereinafter referred to as the deceased) lost his life in a vehicle accident on 3-2-1999. His widow (respondent No. 1) and minor son Sewak Singh (respondent No. 2) filed claim petition under S. 166 of the Motor Vehicles Act, 1988 (for short the Act) for grant of compensation to the tune of Rs. 10 lakhs. In the claim petition the mother of the deceased was impleaded as pro forma respondent. The claimants asserted in the claim petition that the vehicle involved in the accident was owned by the Haryana Roadways and one Om Prakash was driving the vehicle bearing No. HR-39-0418. It was pleaded that the deceased was 25 years old, was an agriculturist and was earning about Rs. 10,000/- per month by cultivating his agricultural land and from his avocation of purchasing and selling cattles, and by selling milk.