RATTAN KAUR Vs. RANJIT SINGH

JUDGEMENT

(1.) The short question which arises for determination in this appeal as also in the cross appeal. F.A.O. No. 303/1975(Ranjit Singh v. Rattan Kaur) is whether the amount ordered to be paid as compensation out of the fine imposed by the criminal court as sentence upon the driver of the motor vehicle upon his conviction for rash and negligent driving, can be set off against the amount awarded as compensation by the Motor Accident Claims Tribunal to the injured claimant or the dependants of the deceased who was killed as a result of the accident, as the case may be.

(2.) The facts relevant to this matter are that on 13-2-1973 Harbhajan Singh, a young boy of 13 years of age, while returning to his village Mehraj on his bicycle from his school in Rampura Phul was run over and killed by tractor No. PUL 110. Harbhajan Singh deceased was on the canal bank when this tractor came there from the opposite direction. Seeing the tractor approaching he got down from his cycle and stooped near a tree on the left hand side and it was there that the tractor came and hit into him. He died at the spot as a result of the injuries received by him in this accident.

(3.) The claimants in this case are the parents of Harbhajan Singh deceased. The claim put forth by them was for compensation to the tune of Rs. 50,000/- on account of the death of the deceased.