DHARMAWATI DEVI Vs. GURCHARAN SINGH

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants against the judgment and order dated 21-02-1990, passed by the Motor Accident Claim Tribunal, Nainital (hereinafter referred as 'the Tribunal') in Motor Accident Claim No. 41 of 1981, Smt. Dharamawati Devi and others Vs Gurucharan Singh and others, whereby the claim petition was dismissed by the 'the Tribunal'.

(2.) BRIEF facts of the case are that on 25-11-1980, at about 01:30 p. m. Karan Singh was standing on the Kachhi Patri of road near the east of Lok Bastra Ekkai Haripura and persuaded the farmers not to supply sugarcane to the factory. One tractor bearing registration No. UTF 6339 driven by Gurucharan Singh - Opposite party No. 1 in a very rash and negligent manner came there and crushed the deceased. The claim ant claimed Rs. 15, 00, 000/- as com pensation. At the time of accident, the deceased was a practicing lawyer. He was aged of 46 years and his profes sional income was Rs. 1,000/- and by agriculture and other income comes to Rs. 5, 000/ -. The deceased was a prom ising practicing lawyer and was income tax assessee. Therefore, the claimants filed a claim petition before the Tribu nal concerned in lieu of the death of Karan Singh.

(3.) ON the pleadings of the parties, the Tribunal framed following issues: 1. Whether the tractor No. UTF 6339 was being driven by Gurucharan Singh respondent No. 1 or by Gurnam Singh driver on 25-11-1980 at 01:30 p. m. near Lok Vastra Ikai Haripura, P. S. Jaspur? Its effects? 2. Whether the accident in question resulting in the death of Karan Singh occurred due to rash and negligent driving of the tractor in question by its driver? Its effect? 3. What was the age of the de ceased? 4. Whether the deceased was a practicing lawyer? If so, its effect? 5. To what amount of compensa tion, if any, are the claimants en titled and against whom of the respondents?