SIMRANJIT SINGH @ SONI Vs. RAJINDER KAUR

JUDGEMENT

(1.) This appeal by the owner-cum-driver of the offending vehicle is directed against the award dated 18.1.2010 passed by the learned Motor Accident Claims Tribunal, Barnala (for short the Tribunal).

(2.) The claimant/respondents filed a petition under section 166 of the Motor Vehicles Act (for short the Act) on the pleadings that on 10.1.2009 Balwinder deceased was travelling by scooter No. PB-13-D-9166, who was going to village Sahaur from Mangewal. Gobinder Singh, his brother was also following him on another scooter and his wife Rajinder Kaur was his pillion rider. At about 1.30 PM a Maruti Alto Car driven by the appellant in rash and negligent manner came from the opposite side and without blowing horn struck against the scooter which resulted in serious injuries on the head and body of Balwinder Singh. He was shifted to hospital,where he ultimately died.

(3.) It was the case of the claimants that the accident had occurred on account of rash and negligent driving of Maruti Alto car. FIR No. 3 dated 11.1.2009 was registered under sections 279/304-A IPC against the appellant. The deceased was said to be working as a driver with Nankana Sahib Transport Company Private Ltd. and earning an income of Rs. 5200/- (Rupees five thousand and two hundred only) per month. He was said to be earning another sum of Rs. 10,000/- (Rupees ten thousand only) from agricultural work and Rs. 5000/- (Rupees five thousand only) per month from selling of milk.