SONA RANI Vs. CHAND SINGH

JUDGEMENT

(1.) THIS is an appeal preferred by Sona Rani and others, hereinafter described as "the appellants", directed against the award of the Motor Accident Claims Tribunal, Kurukshetra, dated 6.1.1994. By virtue of the impugned award, the learned Tribunal had awarded Rs. 1,28,640/- in favour of the claimants with interest at the rate of 12% per annum from the date of filing of the petition till realisation and it was apportioned as under :-

(2.) THE relevant facts alleged by the appellant-claimants are that on 6.4.1993 Gurdial Singh and his wife Jaswant Kaur were travelling in a three-wheeler No. HR-07-9384 driven by Dinesh Kumar. They were coming from the side of Kurukshetra to Pipli. There were also other persons travelling therein. When the three-wheeler reached near Police Lines, Kurukshetra, a Haryana Roadways Bus bearing No. HR-07-A-3076 driven by Chand Singh respondent No. 1 crossed the three-wheeler. It was being driven in a rash and negligent manner. The driver of the bus took the bus to the wrong side and dashed into the three- wheeler. It was crushed. Gurdial Singh and Jaswant Kaur succumbed to the injuries. Compensation of Rs. 5 lacs was claimed.

(3.) THE learned Tribunal had framed the issues and held that the driver of the bus was driving the same in a rash and negligent manner. The income of the deceased was taken to be Rs. 1000/-. 1/3rd was deducted as personal expenses and dependency was taken at Rs. 670/- per month. After applying the multiplier of 16, the compensation referred to above was awarded. The appellants claimed enhancement of compensation.