SWARANJIT KAUR Vs. PHULJIT SINGH

JUDGEMENT

(1.) The claimants-appellants have filed this appeal against the award dated 7.6.2005 passed by MACT, Ludhiana whereby compensation of Rs. 9,33,000/- was awarded in equal shares to all the appellants under Section 166 of the Motor Vehicles Act.

(2.) Brief facts of the case are that claimant-appellant No.1- Sawaranjit Kaur is widow, appellants No.2 to 4 are daughters and appellant No.5 is son of Kesar Singh. On 8.10.2003, Kesar Singh was sitting as a pillion rider on Bajaj Chetak Scooter bearing registration No.HR-01-J-4669 which was driven in a rash and negligent manner by respondent No.1- Phuljit Singh. At about 4:45 p.m., when they reached in the area of village Rampur, Tehsil Payal, District Ludhiana, there were pot holes in the road. However, respondent No.1 did not slow down the speed of the scooter and it struck against the pot hole and went out of control and fell in the pit which was there on the left hand side of the road. Due to the said accident, head of Kesar Singh struck against the tree and he sustained multiple injuries. He was firstly taken to Sidhu Hospital, Doraha from where he was referred to CMC Hospital, Ludhiana where he died on 13.10.2003. Even respondent No.1 also sustained injuries in the aforesaid accident which took place due to his own negligence. The said accident was witnessed by Gurmit Singh resident of village Rampur. A DDR in regard to the said accident was registered in the concerned police station. The offending scooter was owned by respondent No.2-Rajesh Kumar and was insured with respondent No.3- insurance company.

(3.) As per the appellants, the deceased was 48 years of age and was working as a Supervisor in Tubewell Corporation Limited and his monthly income was Rs. 12,500/-. The claimants made prayer for grant of compensation worth Rs. 30 lakhs on account of death of Kesar Singh in the aforesaid accident.