MANJIT SINGH Vs. HARBHAJAN KAUR

JUDGEMENT

(1.) THIS order will dispose of F. A. O. Nos. 207, 208, 266 and 267 of 1975, as all of them arise out of one order of the Motor Accidents Claims Tribunal, Jullundur, dated 6th May, 1975.

(2.) IN an accident which took place on 12th December, 1970, at 8. 30 a. m. , two persons named Darshan Singh and Hassan Lal, who were riding on a motor-cycle, were crushed to death as a result thereof. Two separate claim petitions were filed by the heirs of the deceased persons. Claim Application No, 4 of 1971 was filed on behalf of Smt. Harbhajan Kaur, widow of Darshan Singh, deceased, and others, whereas claim application No. 3 of 1971 was filed on behalf of Pushpa Wati, widow of Hussan Lal, and others. In the claim application filed by Harbhajan Kaur and others, a sum of Rs. 50,000 has been awarded as compensation, whereas in the other claim application filed on behalf of Pushpa Wati and others, a sum of Rs. 48,000 has been awarded as compensation by the Motor Accidents Claims Tribunal, Jullundur, vide order under appeal, Darshan Singh and Hussan Lal have died as a result of the accident with truck No. PUJ-4625 belonging to Manjit Singh, appellant, which was being driven at the relevant time by Narinder Singh, respondent. Both Darshan Singh and Hussan Lal, deceased, were coming on a motor-cycle from Phillaur and stopped their motor-cycle at Village Nagar on seeing one Avtar Singh. All of them were talking when truck No. PUJ-4625 driven by Narinder Singh came from the Phillaur side at a high speed and crushed both Darshan Singh and Hussan Lal in the said accident, due to rash and negligent driving. Darshan Singh was about 28 years of age and was of robust health at the time of his death and he was an agriculturist. According to the claimants, his monthly income was said to be Rs. 1,000, He left behind his widow, Harbhajan Kaur, minor daughter, Lakhbinder Kaur, two minor sons named Surinder Pal Singh and Kulvinder Pal Singh, as well as his mother, Karam Kaur, and his father, Maiya Singh ; whereas Hussan Lal was about 45 years and left behind his widow, Pushpa Wati, Saroj Bala, daughter, Ravi Dutt, son, and Paramjit, minor son, and Prem Kumari, minor daughter, and also his mother, Parja Devi. He was employed as a driver in the Punjab Roadways, Ludhiana, and his monthly income was Rs. 500. These two claim petitions were resisted by the truck owner as well as on behalf of the Calcutta Insurance Company. It was pleaded by them that the accident was due to non-observance of traffic rules on the part of the deceased, Darshan Singh, who was driving the motor-cycle and moreover, was not holding a valid licence, and, therefore, the respondents were not liable to pay any damages. It was also pleaded that no accident as alleged in the application had taken place and in the alternative it was pleaded that the said accident was due to the negligence of the deceased who was driving the motor-cycle very rashly and negligently on the metalled road without observing traffic rules. However, on the pleadings of the parties, separate issues were framed in both the claim applications, but subsequently, the two were consolidated by the Tribunal's order dated 4th November, 1972, and the evidence was ordered to be recorded in Claim Application No. 4 of 1971, filed on behalf of Harbhajan Kaur and others. An additional issue was also framed on 27th March, 1973, which is to the following effect:

(3.) ON the question whether the accident took place due to the rash and negligent driving of Narinder Singh, driver of the truck, the Tribunal came to the conclusion that the claimants in both the applications have been able to prove that Darshan Singh and Hussan Lal died as a result of the accident with truck No. PUJ-4625, which was being driven rashly and negligently. Though it was held that Darshan Singh was not holding any licence, at the same time it was held that at the time of the accident, the motor-cycle was standing on one side of the road, while both of them, i. e. , Darshan Singh and the pillion rider, Hussan Lal, were talking to Avtar Singh. However the engine of the motor-cycle was in running condition at that time. Thus, Darshan Singh, deceased, was held to be in no way guilty of any contributory negligence. On the additional issue framed, it was held by the Tribunal that truck No. PUJ-4625 was insured with Calcutta Insurance Company at the time of the accident. As regards the amount of compensation awarded in the claim application of Harbhajan Kaur and others, the Tribunal came to the conclusion that the monthly income of Darshan Singh, deceased, would not be more than Rs. 300 and on that basis it was held that he was rendering financial help to his family to the extent of Rs. 200 per month. Since the age of the deceased at the time of the accident was 28 years, it was held that at least he would have lived 35 years more and in that way he would have rendered financial help to the extent of Rs. 84,000 to the members of his family during his lifetime. Since the amount was being paid in lump sum, a cut of one-third was imposed and thus a sum of Rs. 50,000 was awarded as compensation.