COMMANDANT AND ANOTHER Vs. SAROJ RANI AND ORS.

JUDGEMENT

(1.) (Oral) - Aggrieved by the negligence attributed to the driver of the appellants, the appellants have come forward with the present appeal, challenging the award passed by the Tribunal. The claimants aggrieved by the quantum of compensation fixed by the Tribunal have come forward with the cross objections.

(2.) The claimants have alleged that on 13.07.2004 when Daya Krishan was proceeded on his motorcycle bearing Registration No. CH-01-G-0134 from the side of Chandigarh to village Hallo Majra at a slow speed keeping his left side, a Swaraj Mazda bearing Registration No. HR-68-1808 driven by respondent No. 1 M.Ubaidu Duttu in a rash and negligent manner without blowing any horn hit Daya Krishan from behind and as a result of which he sustained grievous injuries and ultimately he claimed to death on 15.07.2004. The claimants alleged that the deceased Daya Krishan who was 40 years old was earning a sum of Rs. 12,000.00 per month as salary in spite of the operation conducted on him in PGI, Chandigarh on 13.07.2004, Daya Krishan could not be suffered and he succumbed to head injury. The claimants have sought for compensation as prayed for.

(3.) The claimants herein should figured as respondents in the claim petition contended that the National Highway No. 21 leading from Zirakpur to Chandigarh was closed for vehicular traffic due to repair work on the road. The traffic was plying only one side on the road. It is contended that the Swaraj Mazda, mini bus driven by its driver at a normal speed keeping his left Daya Krishan even without wearing head gear, suddenly took sharp turn from the inner side of the Chowk without blowing any horn and hit the outer side of the Swaraj Mazda. He was shifted from the place of accident to the hospital by the CRPF doctor and the other officials who travel in the vehicle. He submitted that the claim petition was liable to be dismissed.