SIKANDAR KAUR Vs. MUKHTYAR SINGH

JUDGEMENT

(1.) This appeal is directed against the award dated 18.7.1991 of the Motor Accidents Claims Tribunal in Claim Case No. 28 of 1988.

(2.) Claimants are Kartar Singh, father (57), Sikandar Kaur, widow (27), two daughters (minors) and two sons (minors). They claimed compensation in the sum of Rs. 6,00,000 against various heads for the death of Gurucharan Singh in the accident that took place on 21.10.1987 with scooter No. DIQ 1687, driven by respondent No. 1 Mukhtyar Singh and owned by respondent No. 2 Mohinder Kumar. Allegation is that the accident took place due to rash and negligent driving by the driver and it hit the scooter of the deceased resulting in death of Gurucharan Singh on the spot.

(3.) Defence taken by the insurance company is that it has no knowledge about the taking place of the accident but admits that the vehicle was insured. It is denied that the vehicle was being driven in a negligent manner and at uncontrollable speed. It is further denied that deceased was the sole breadwinner of the family having income of Rs. 2,000 per month from the transport business and was spending Rs. 1,500 on the claimants. It was also alleged that the claim is exaggerated. Other respondents of the case have not opposed the claim by appearing and filing the written statement with the result that they have been proceeded ex pane.