NAR SINGH Vs. SH BALWANT SINGH

JUDGEMENT

(1.) BY this judgment two appeals are being disposed of arising out of the same Award of the Motor Accident Claims Tribunal, Ambala, whereby compensation was awarded to Nar Singh claimant on account of the injuries suffered by him end Smt. Gomti and others, legal heirs of Shamsher Singh who died in the accident. The claimants have filed two appeals (F. A. O. 1008 and FAO No. 1009 of 1984), whereas on behalf of the respondents cross-objections have been filed.

(2.) THE accident took place on November 5, 1983 at about 2. 30 p. m. near a brick-kiln near the Kakkar Majra road. Shamsher Singh deceased, aged about 32 1/2 years was sitting on the mud guard of the tractor. Truck No. HRE-92 driven by Balwant Singh respondent came rashly and negligently and hit the tractor which got turned turtle with the result Shamsher Singh died on the spot, whereas Nar Singh received injuries. The accident was witnessed by Om Parkash and Ram Swaroop witnesses. Ram Swaroop and Gulab Singh removed the injured and the deceased to the hospital. The matter was reported to the Police by Ram Swaroop. Nar Singh in his claim-petition claimed a sum of Rs. 10,000/- for injuries and Rs. 20,000/- as damage to the tractor belonging to his father Padam Singh, who was also one of the claimants in his case The legal heirs of Shamsher Singh, Smt. Gomti and others claimed a sum of Rs. 1,25,000/ -.

(3.) BOTH the claims were contested by driver Balwant Singh and Attar Singh, owner of the truck. According to them at the relevant time the truck was being driven at a slow speed. The tractor was going ahead of the truck which was driven at a very rash speed and while taking a turn at the crossing it turned trutle. The person who was sitting on the mud-guard, lost his balance and fell on the ground and died. The Insurance Company also contested the claim, inter alia, alleging that the driver of the truck was not possessing a valid driving licence. They also challenged the quantum of compensation claimed. Following issues were framed :-