NACHHATTAR SINGH Vs. CHARANJIT SINGH

JUDGEMENT

(1.) The claimants/appellants have filed this appeal against the award dated 11.11.2003 passed by the Motor Accident Claims Tribunal, Patiala, (hereinafter referred to as 'the Tribunal'), whereby, compensation worth Rs.1,68,000/- in equal shares was granted to claimant/appellant No.1, Nachhattar Singh, and respondent Nos.4 to 10, they being siblings of the deceased-Bhajan Singh.

(2.) The claimant/appellant No.1-Nachhattar Singh and his sons, Baljinder Singh and Chamkaur Singh, filed claim petition under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') for grant of compensation on account of death of Bhajan Singh in a motor vehicle accident. Proforma respondent Nos.4 to 10 were also siblings of deceased- Bhajan Singh.

(3.) In the claim petition, it was pleaded that on 04.01.2003 at about 7:45 P.M, Bhajan Singh was going towards his truck on foot, outside Gate No.2 of gas plant in the area of Village Boran Kalan, Police Station Sadar, Nabha. In the meantime, Truck No.PB-13-0595, which was driven by respondent No.1-Charanjit Singh in rash and negligent manner, came out of Gate No.2 of gas plant. The said truck ran over Bhajan Singh. As a result of which, he sustained multiple injuries and died at the spot. The deceased was working as a driver and his monthly income was Rs.3,000/-. Claimant/appellant No.1-Nachhattar Singh and respondent Nos.4 to 10 were siblings of the deceased while claimants/appellants No.2 and 3, namely, Baljinder Singh and Chamkaur Singh, were nephews of the deceased. All of them were dependent on the income of the deceased. The offending vehicle was owned by respondent No.2-Sandeep Singh and insured with respondent No.3. Compensation worth Rs.8 lacs was sought along with interest.