PREM KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS F.A.O. has been filed by Smt. Prem Kaur (mother), Chint Singh (father), Miss Paramjit Kaur, Miss Amandeep Kaur and Jaswant Kaur (sisters of deceased Tarlochan Singh) against the State of Haryana and others and has been directed against the award dated 11.1.1995 passed by Motor Accident Claims Tribunal, Chandigarh which dismissed the claim petition of appellants No. 2 to 5 and allowed that of Smt. Prem Kaur, appellant No. 1, and awarded a sum of Rs. 38,400/- by way of compensation on account of the death of Tarlochan Singh, aged 23 years, son of Smt. Prem Kaur.

(2.) THE brief facts of the case are that all the appellants filed a claim petition against the respondents and claimed compensation to the tune of Rs. 10 lacs on account of the death of Tarlochan Singh which took place in a vehicular accident on 23.8.1992. The case set up by the claimants in the trial Court was that on the date of the accident at about 7.35 p.m. the deceased was driving his scooter bearing No. CH-01-B-5010 on the road dividing Sectors 18- 21 from the side of cross-section of Sectors 18-21, 20-21 when bus No. HR-03- 7728 driven by respondent No. 2 Ashok Kumar in a negligent manner came at a very fast speed from behind and banged into the deceased, as a result of which he fell down and was crushed to death. So much so the deceased was dragged upto a considerable distance. It is further alleged that the driver of the bus did not blow any horn and sped away from the spot after the accident and whatever has happened it has happened on account of the negligence of respondent No. 2. The appellants further alleged that the deceased was working as a contractor and was also doing other jobs including the job of photographer. He used to prepare video films etc. for different studios and was earning about of Rs. 10,000/- per month. The appellants were dependent upon the income of the deceased. With these broad allegations the appellants prayed that a sum of Rs. 10 lacs may be awarded to them.

(3.) FROM the pleadings of the parties, following issues were framed by the Tribunal for the disposal of the claim petition :-