BALVINDER KAUR Vs. RAM KUMAR

JUDGEMENT

(1.) Balvinder Kaur had filed the present F.A.O. and it has been directed against the award dated 2.12.1994 passed by the Motor Accidents Claims Tribunal, Ambala, who awarded a sum of Rs. 3,84,000 by way of compensation to the appellants, out of which a sum of Rs. 24,000 was allowed to the mother, Parkash Kaur.

(2.) In this case Balwinder Singh has expired and he met with an accident on 16.9.93 when he was coming from village Singhwala to Ambala City on a scooter in order to purchase the domestic goods. When he reached near Jalbera Chowk, Ambala City, a bus bearing registration No. HR 08-8091 came from behind. It was being driven by Ram Kumar who did not give any horn. He did not control the vehicle as a result of which he dashed the vehicle against the deceased who fell on the ground along with scooter and sustained injuries including the injuries on his head. He was taken to the clinic of Dr. Tayal by Hardev Singh, Sarpanch and Ujagar Singh and on reaching there he was declared dead. Deceased was aged about 35 years at the time of his death. He was employed in Primary Land Mortgage Bank, Ambala City on a monthly salary of Rs. 3,647. It is also alleged by the claimants that the deceased was having an agricultural land and he was also maintaining a milk dairy and his total income was Rs. 7,000 per month. With these broad allegations, the claimants have claimed the compensation to the tune of Rs. 10,00,000.

(3.) The claim petition was contested by the respondents and they attributed the negligence to the deceased himself. Issues were framed by the Tribunal as follows: (1) Whether the occurrence in question took place due to rash and negligent driving of respondent No. 1 ? ... OPP (2) To what amount of compensation are the petitioners entitled and from whom? ...OPP (3) Relief.