CHHATAR SINGH Vs. ZILE SINGH

JUDGEMENT

(1.) By this common judgment two F.A.O. Nos. 340 and 341 of 1986 and Cross-objections Nos. 74-CII and 75-CII of 1986 can conveniently be disposed of together. Both these appeals are directed against the common award of Motor Accidents Claims Tribunal, Rohtak, dated 18.1.1985. By virtue of the impugned award, the learned Tribunal awarded Rs. 18,000 as compensation with interest at the rate of 12 per cent per annum from the date of filing of the claim petition till realisation to Chhatar Singh and Chand Kaur, parents of the deceased, and dismissed the claim petition of Piari, alleged widow of deceased Neer Singh.

(2.) The facts alleged are that both different set of appellants had filed two petitions claiming compensation under section 110-A read with section 92-A of the Motor Vehicles Act, 1939. It is alleged that on 22.12.1983 truck bearing registration No. HRK 8109 on way to Rohtak from Jhajjar stuck up in the roadside fields near village Karontha. It belongs to Zile Singh respondent. When the truck could not be driven, Om Parkash truck driver engaged two tractors to pull out the truck. One of the said tractors was that of Neer Singh. In the process of pulling out the truck, tractor No. HRO 3744 driven by Neer Singh turned as a result of which Neer Singh died. Asserting rash and negligent act on the part of the respondent Om Parkash, present petitions have been filed.

(3.) Claim petitions were contested by the respondents. It was denied that the accident had taken place as alleged by the appellants. It was pleaded that while pulling out the truck, Neer Singh came under his own tractor because he did not know how to drive the tractor. It was denied that Neer Singh was the earning hand. It was further denied that Piari is the widow of Neer Singh.