PHOOL KUMAR Vs. GURDIAL SINGH

JUDGEMENT

(1.) These two appeals arise from a common judgment delivered by the Motor Accident Claims Tribunal (in short the Tribunal) touching the same facts, cause of action and question of law. Hence taken up together and disposed of by this order.

(2.) In order to appreciate the challenge to the impugned judgment by the owner of the truck in FAO 24 of 1983 and by the legal heirs of the deceased in FAO 50 of 1983 we must have a look at the facts of this case.

(3.) The deceased, Ishwar Singh, aged about 32 years was a Sub-Inspector in Police. On 5th June, 1976 at about 8.45 p.m. he was going on a two wheeler scooter, hardly had he reached near Railway Bridge, Rani Bagh, Delhi, a truck bearing No.DLL-5885 driven rashly and negligently by respondent, Gurdial Singh, came from behind and hit his scooter. As a result of this impact created by the said truck, Ishwar Singh fell down and sustained grievous injuries. He was removed to Irwin Hospital where he succumbed to his injuries. At the time of his death, he was drawing a salary of Rs.1,000.00 (Rupees one thousand). He left behind his widow, two minor sons and two minor daughters, an unborn child and his mother. His legal heirs filed a claim petition under the Motor Vehicle Act, 1939 (for short 'the Act') which was listed as Suit No. 344 of 1976 wherein they claimed compensation to the tune of Rs.5,00,000.00 .