KARTAR KAUR Vs. BALJIT SINGH

JUDGEMENT

(1.) The present appeal has been preferred by Kartar Kaur wife of Balbir Singh, hereinafter described as "the appellant" directed against the award of the Motor Accident Claims Tribunal, Bhatinda, dated 1.3.1985. By virtue of the impugned award, the learned Tribunal had dismissed the claim petition filed by the appellant.

(2.) The relevant facts are that Kartar Kaur is the mother of one Binder Singh who died in an unfortunate accident on 3 1.07.1982 in front of Guru Nanak Dev Thermal Plant, Bhatinda. The accident was alleged to have been caused by Baljit Singh by driving his bus No. PUK-8112 in a rash and negligent manner. It was alleged by the appellant that on the fateful day the deceased who is a labourers came to cycle from the main gate with one Sarabjit Singh sitting on the carrier of the cycle. When he tried to across the road, Baljit Singh respondent came driving his bus No. PLJK-8112 in a rash and negligent manner from the side of Gidderbaha and dashed in against Binder Singh. Binder Singh fell on the road and was crushed by the right front wheel of the bus. He died at the spot. Sarabjit Singh alongwith Gur Lal Singh had reported the matter to the police at Guru Nanak Dev Thermal Plant, Police Station, Bhatinda. When post-mortem examination was conducted on the person of the deceased, it was found that the cause of death was shock and haemorrhage resulting from injuries. The appellant claimed that the deceased was giving Rs. 800/- per month. Rs. 70,000/- was claimed as compensation by the appellant.

(3.) The petition had been contested. The respondent driver Baljit Singh denied that he was driving the vehicle in a rash and negligent manner. According to him, the case registered against him is false and that it was the fault of the deceased himself. The bus was on the correct side. The deceased was trying to cross the road from the right side of the bus. The person sitting on the carrier of the cycle jumped away while the deceased was run over and killed.