HAZARI LAL Vs. S DHARAM PAL SINGH

JUDGEMENT

(1.) The sole controversy involved in this appeal against the award dated 21.7.73 of the Motor Accidents Claims Tribunal, pertains to the quantum of compensation. It has arisen from a road accident which took place at Rohtak Road on 1.5.1968 at about 2.45 p. m. Ram Karan, deceased, was then sitting on the pillion seat of a two-wheeler scooter No. DLQ-1277 driven by Ishwar Singh. Bus No. HRG-420 driven by Dharam Pal Singh, respondent No. 1, and operated and owned by Haryana Roadways and the Haryana State, respondents No. 2 and 3 respectively, at that time came from behind at a fast speed and without blowing any horn, dashed against the scooter and over ran and killed Ram Karan. Ishwar Singh was also thrown off and received injuries.

(2.) Ram Karan at that time was 17 years of age, and was a student of 10th class. His father Hazari Lal was an agriculturist, and according to him. Ram Karan used to help him in the agriculture operation.

(3.) A claim for a compensation of Rs. 50.000.00 was filed by Ram Karan's father Hazari Lal aged about 50 years and mother Smt. Risalo, aged 45 years, under the Motor Vehicles Act. This, however, was allowed by theTribunal to the extent of Rs. 10,000.00 only. It was held that the death of Ram Karan and injuries received by Ishwar Singh were the result of rash and negligent driving of the bus by Dharam Pal Singh, driver. The compensation allowed to Ishwar Singh was of Rs. 1,600.00 only.