DARSHAN SINGH Vs. FAQIRIA

JUDGEMENT

(1.) THIS is an appeal filed by Darshan Singh and another, hereinafter described as the "appellants", directed against the award of the Motor Accident Claims Tribunal Patiala, dated 26.10.1985. The Learned Tribunal had awarded Rs. 25,000/ - as compensation to the appellants with interest at the rate of 12% per annum from the date of the petition till realisation. Out of the realised amount Rs. 15,000/ - was to be given to the mother and Rs. 10,000/ - to the father of the deceased. During the pendency of the appeal, Darshan Singh was stated to have since expired.

(2.) THE relevant facts for the purposes of the present appeal are that the deceased was about 17 years of age. He died in the accident on 20.10.1984 near Bus Stand, Kheri Gandian as a result of rash and negligent driving of respondent No. 1 Faqiria, He was driver of Pepsu Road Transport Corporation, respondent No. 2.

(3.) THE learned Tribunal had rejected the claim of the appellants that the appellant was earning Rs. 400/ - to Rs. 500/ - per month. However, relying on the decision of this Court in the case of Jabar Singh v. Prithi Chand and others, 1984 P.L.R. 241, the compensation referred to above was awarded.