RAM DEV Vs. CHANDIGARH TRANSPORT UNDERTAKING

JUDGEMENT

(1.) THIS appeal has been directed against the award dated 14.1.2000 passed by the Motor Accident Claims Tribunal, Chandigarh who dismissed the claim petition filed by the claimant-appellants, mainly, on the ground that they have not been able to prove their relationship with the deceased.

(2.) SOME facts can be noticed in the following manner:- Claimant-appellants filed a claim petition under section 166 of the Motor Vehicle Act, claiming compensation to the tune of Rs. eight lacs for the death of Ram Jaggey alias Ram Ujagar who admittedly died in a motor vehicle accident. Case set up by the claimants was that on 13.10.1996 at about 8.25 A.M., Ram Jaggey alias Ram Ujagar was proceeding from his house situated in village Kajheri to his job and he was sitting on the carrier of a bicycle which was being paddled by a boy. When they reached near the picket of Home Guard in Sector 45, Chandigarh, a bus belonging to the Chandigarh Transport Undertaking bearing registration No. CH-O1-G-5362 came from behind. It was being driven rashly and negligently by Ishar Singh, respondent No. 2 who dashed his bus into cycle on which the deceased was sitting. As a result of the impact of dashing of the bus into the cycle Ram Jaggey suffered serious injuries and ultimately died on account of those injuries. The accident was witnesses by Ravinder Kumar. It was also alleged by the claimants that claimants 1 and 2 are the parents of the deceased; claimant 3 is widow; claimant 4 is the minor son and claimant 5 is the minor daughter of the deceased. It was further alleged that all of them were dependant upon the income of the deceased. It was also alleged that the deceased was aged 25/26 years. He was working as a Mason and was earning Rs. 3500-4000 per month from that Job.

(3.) SEPARATE written statement was filed by respondent No. 2 and his stand was almost similar to that of respondents 1 to 3.