RAVINDER KAUR Vs. HARYANA STATE

JUDGEMENT

(1.) This appeal arises out of the judgment/award of the Motor Accidents Claims Tribunal (hereinafter referred to as Tribunal') in MACT Case No. 42 of 1985. The case pertains to an accident which took place on 12.6.1985 at 12.00 noon on the national highway known as G.T. Road. There is a fly bridge on the G.T. Road near the place of accident which is at a distance of 1 kilometre from Ambala Cantt. Shastri Colony falls on the left side while going from Ambala Cantt to Delhi. The bus involved in the accident was being driven by respondent No. 2 at the time of the accident. It was owned by respondent No. 1. It was proceeding from Ambala Cantt bus stand. Pritam Singh Sethi came on the scooter from Shastri Colony which falls on the left side of the road. He was carrying a pillion rider along with a gas cylinder. When he reached the main road leading from Ambala Cantt to Delhi, the accident took place. The scooter was completely smashed. Pillion rider Baldev Singh along with gas cylinder fell down. However, Pritam Singh received injuries in the accident and died because of the injuries. The appellants had claimed Rs. 6,49,000 by way of compensation.

(2.) The claim was resisted by respondent No. 1 who has filed written statement. Following witnesses were examined from the side of appellants: (1) PW 1 Ravinder Kaur (wife of the deceased) appellant No. 1. (2) Baldev Singh, pillion rider (eyewitness).

(3.) From the side of the respondents, driver of the bus Samey Singh was examined. Documents were also produced in this case. Exh. R-1 to Exh. R-5 are the photographs of the place of the accident produced by the respondents. Eight photographs have been produced by the appellants. In addition to this evidence, true copy of the F.I.R. and photocopy of the income tax return has been produced as Exh. A-2 and Exh. A-3.