RAMJI DASS Vs. ORIENTAL FIRE AND GENERAL

JUDGEMENT

(1.) THIS judgment will dispose of F.A.C. No. 709 & 710 of 1986 since uniform questions of law arise for determination.

(2.) THE owner of truck bearing registration No. PUB-9977 has come up in appeal against the award of the Motor Accident Claims Tribunal, Bathinda, awarding compensation to the tune of Rs. 64, 800/- each with interest at the rate of 12 per cent per annum from the date of application to the legal representatives of deceased Bachittar Singh and Nachittar Singh respectively against him. Deceased Bachittar Singh and Nachittar Singh were members of a marriage party comprising of 30/35 persons. On April 6, 1981 at about 6.30 p.m., they were travelling in the truck bearing registration No. PUB-9977 from village Rajgarh Bhunder to Gidderbaha. The truck was being driven by one Malkiat Singh rashly, negligently and at a reckless speed. When the truck was near the place from where it was to take turn to the Bhatinda-Mansa road, it went out of control and dashed against two Kikkar trees. As a result of the impact of the accident, Bachittar Singh and Nachittar Singh fell down. The former succumbed to his injuries some time lateral the latter died on his way to the hospital. Bachittar Singh was a young man of 26 years at the lime of his death and was earning Rs. 500/- per mensum by doing agriculture labour and he used to hand over the entire money to her widow Basant Kaur for running the household. Nachittar Singh was employed in the local plant of National Fertilizers Ltd., and was earning Rs. 450/- per month. The claim petitions were contested by the Insurance Company, namely, the Oriental Fire & General Insurance Company, Bathinda and the owner of the vehicle.

(3.) THE Additional Motor Accident Claims Tribunal, on appreciation of the evidence, gave a firm finding of fact that the accident took place on account of the mis-handling of the vehicle by the driver. Issue No. 1 was answered in favour of the claimants.