BALBIR SINGH Vs. NIKKA RAM

JUDGEMENT

(1.) By this common judgment, two F.A.O. Nos. 2831 and 2832 of 2000 can conveniently be disposed of as both these appeals are directed against the identical awards of the Motor Accidents Claims Tribunal, Jalandhar dated 10.5.2000. By virtue of the impugned award, the learned Tribunal awarded Rs. 70,000 as compensation in M.A.C.T. No. 8 of 1998 filed by Nikka Ram and Surinder Kaur and Rs. 1,20,000 in M.A.C.T. No. 9 of 1998 filed by Banta Singh and others, besides interest.

(2.) The facts alleged are that on 9.9.97 at 6.30 p.m. Harjinder Mehta had come on cycle with Mohan Sondhi and Manisha to board the school bus of Central School No. 1, Jalandhar Cantt. Mohan Sondhi and Manisha were studying in the said school. They stopped near the shop of Banta Singh and were waiting for the bus. They both were on the kacha portion. At that time, Kuldip Singh came driving the tractor in a rash and negligent manner. He did not blow any horn and struck against the cycle of Harjinder Mehta. It caused injuries to Harjinder Mehta, Mohan Sondhi and Manisha. Mohan Sondhi and Harjinder Mehta were taken to Janta Hospital and were referred to Civil Hospital, Jalandhar. Mohan Sondhi died and later on Harjinder Mehta also breathed his last. Compensation as such was claimed.

(3.) Respondent Kuldip Singh did not contest while respondent No. 1 Banta Singh filed separate written statement stating that no accident had taken place. According to him, a false case was registered and even the criminal case was stated to be false. He pleaded that the tractor was insured with National Insurance Co. Ltd., Branch Office, Nakodar.