SH SURINDER MOHAN Vs. PUNJAB STATE

JUDGEMENT

(1.) THIS is an appeal against the award of the Motor Claim's Accident Tribunal, Amritsar. The Tribunal assessed the compensation amounting to Rs. 32 000/ -. The appellant aggrieved against the award of the Tribunal has come up in appeal to this Court.

(2.) THE appellant moved an application for amendment of the claim petition under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure. After going through the reply of the respondents and hearing the arguments of both the counsel, I allowed the amendment vide my order dated 10-8- 1990 After the amendment was allowed, Mr. Rajesh Mahajan, Advocate for the applicants sated that he does not want to produce any additional evidence. He wants to rely only on the evidence on record. Mr. P. S. Thaira, Advocate for the respondents alto stated vide his statement dated 10-8-1990 before the Court that he does not want to produce any evidence in rebuttal.

(3.) THE Tribunal came to the conclusion that the accident was caused due to rash and negligent driving of bus No P. UG-7386 driven by Non Chand Driver, respondent No. 3. Mrs. Amarjit wife of Surinder Mohan claimant was travelling from Dinanagar to Amritsar by bus No PUG 7386 on 9-7-l980 at about 9 00 A M. As a result of this accident, Mrs. Amarjit died instantaneously. The respondents have not challenged the findings of the Tribunal regarding the cause of accident. 1 have gone through the evidence on record and I am of the opinion that the accident has been caused due to rush and negligent driving of bus No. PUG-7336.