BIMLA DEVI Vs. PUNJAB STATE

JUDGEMENT

(1.) Dissatisfied with the compensation awarded by the Motor Accidents Claims Tribunal, Jalandhar (hereinafter referred to as 'the Tribunal') vide its award dated 15.6.84, the appellants claimants have filed this appeal.

(2.) The accident took place on 24.8.81 at 7.20 p.m. Kewal Ram (deceased) was going on a bicycle from the side of Jalandhar towards Bhogpur. While he was driving his bicycle on the kacha portion of the road, a bus bearing registration No. PUS 7631 being driven by Kirpal, respondent No. 3, came from behind. The driver lost control over the bus and dashed it into the bicycle of Kewal Ram as a result of which he suffered multiple injuries and died on the spot. On the date of death, Kewal Ram was aged about 45 years and was earning about Rs. 800 per month by selling fruits and vegetables as a hawker. On these premises, the claimants-appellants filed the claim petition seeking compensation of Rs. 1,50,000.

(3.) The claim was contested by respondent Nos. 1 to 3. In his written statement, it was pleaded by respondent No. 3 that the deceased was carrying a heavy load of fruits and vegetables on his bicycle and that the bicycle was not in proper control of the deceased. He further stated that there appeared to be a 'gaddha' (pit) on the road. He, respondent No. 3, slowed down the bus and blew horn. As the deceased was not in control of his bicycle, he fell down on the road and the accident occurred. Thus respondent No. 3 attributed the accident entirely to the fault committed by the deceased. Additionally, he averred that the matter was compromised with him by the legal heirs of the deceased after they received a sum of Rs. 2,000 from him (respondent No. 3) and that they are now estopped from filing the claim petition.