BHIKA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been preferred by Bhika Ram and Sarti Devi (hereinafter described as the appellants) directed against the award of the Motor Accident Claims Tribunal, Jind dated 27.3.1985. By virtue of the impugned award, the learned Motor Accident Claims Tribunal awarded Rs. 20,000/- as compensation to the appellants with proportionate costs with interest at 12% per annum from the date of filing of the petition till realisation. It was directed that Rs. 15,000/- already allowed as interim claim, if paid, will be deducted from the same.

(2.) THE sole controversy in the present appeal is, as to whether the compensation awarded is adequate or not. The appellants' case was that the deceased was returning from Sugar Mills, Jhang alongwith Raj Kumar. When deceased was walking on the road-side holding the handle of his cycle in his hand, respondent No. 3 who was driving the Bus No. HRU-1508 in a rash and negligent manner struck against the deceased, as a result of which the deceased expired at Civil Hospital, Jind on 28.6.1984 at 8.45 A.M.

(3.) THE respondents contested the assertions. It was pointed out that a truck had come from the opposite side. All of sudden, a person who was sitting on the carrier of the cycle jumped, as a result of which the deceased lost control and struck with the left side corner of the Bus and sustained injuries. The defence of the driver of the bus was that no such accident took place.