GURBACHAN KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this order, I dispose of two F.A.O. Nos. 1016 (Gurbachan Kaur v. Union of India) and 1017 (Chint Kaur v. Union of India), both of 1985 as both the appeals have arisen from the award dated 18.5.1985 and common questions of law and facts are involved. One claim petition has been filed on behalf of Gurbachan Kaur, widow of Santokh Singh deceased and the other has been filed by Chint Kaur, mother and Mohinder Kaur, widow of Balbir Singh deceased.

(2.) The facts, as stated below, have been taken from F.A.O. No. 1016 of 1985.

(3.) The brief facts of the case are that on 27.8.1982 at about 10.14 a.m., Balbir Singh, deceased, resident of village Bakho Pir, Police Station Bhiwanigarh, was driving his motor cycle No. UIS 2966 with Santokh Singh, resident of Karnal riding on its pillion. They reached on the bridge of the sullage drain on the Circular Road, Nabha, and the motor cycle was proceeding on the left hand side of the road when a military lorry No. 3. Tonnes 4 x 4 TMB 74-D-14531 x 6006 Indeep Workshop EME, driven by respondent No. 2 with respondent No. 3 sitting by his side, came from the opposite direction at a high speed without following any traffic rules. The military lorry was being driven rashly and negligently so as to endanger human life and respondent No. 2 brought the military lorry to the wrong side and rammed the same against the motor cycle as a result of which both Balbir Singh, driver of the motor cycle and Santokh Singh, the pillion rider received multiple injuries and the motor cycle was completely damaged. The respondent Nos. 2 and 3 ran away from the spot. The occurrence was witnessed by Bhajan Singh and Lachman Dass. Balbir Singh was aged about 28 years at the time of his death. Chint Kaur, mother, and Mohinder Kaur, widow of Balbir Singh filed a claim petition for the award of Rs. 2,00,000 by way of compensation on the plea that the accident was caused due to rash and negligent driving of the military lorry by respondent No. 2.