SHINGARA SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) THE present appeal has been preferred against the award dated 24-2-1989 of the Motor Accident Claims Tribunal, Gurdaspur, whereby the claim petition of the appellant was dismissed The appellant filed the claim petition on the ground that his brother, Udham Singh, was standing on the right side of G. T. road near Noshera Majja Singh or 28-11-1985, when bus No. PNB-218 passed by him, and when it was put in reverse gear, the deceased was run over by the said bus. It was alleged that the accident took place due to the negligence of the driver, who did not give horn and drove the bus rashly. Due to the accident, head of the deceased was crushed and he died at the spot. He further claimed that the deceased who was 35 years of age, was issueless, so he is the only claimant being brother of the said deceased, and dependent upon him.

(2.) THE claim petition was contested by the respondents. Ajit Singh, driver, completely denied the accident. He rather stated in the written statement that no such accident took place due to his negligence. He also denied that any person died on 28-11-1985. However, respondents No. 2 to 4 admitted the accident, but denied that the accident took place due to rash and negligent act of Ajit Singh, driver. It was averred by respondents No. 2 to 4 in the written statement that the bus left at 1-30 P. M. and when it reached near the place of accident, the driver of the bus was about to overtake the Rehri going ahead, but the Rehri abruptly turned towards its right side inspite of the fact that the driver of the bus blew horn and to avoid the accident, the driver of the bus turned the bus towards the left side of the road. It was denied that the deceased was doing any work or had any income. It was also denied that the appellant was dependent upon the deceased or he was entitled to claim any compensation on account of death of Udham Singh, deceased.

(3.) THE learned Tribunal on the pleadings of the parties, framed the following issues :