JAMNA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgment of learned single Judge dated 13. 8. 1987, whereby the appeal filed by the appellant-claimant against the order of learned Motor Accidents Claims Tribunal, Chandigarh (for short called 'the Tribunal'), dated 5. 1. 1983, was dismissed.

(2.) THE undisputed facts giving rise to the appeal may be stated thus: Raj Kumar while driving a scooter bearing No. CHA 2093 on 2. 8. 1981, was hit by a bus bearing No. CHW 3565 driven by Gurjit Singh, respondent No. 3. The bus belonged to respondent Nos. 1 and 2. As a result of the accident, Raj Kumar sustained injuries and ultimately died the same day. Raj Kumar at the time of accident was 22 years of age and drawing a salary of Rs. 841 per month. He was a bachelor. His mother Jamna Devi, who is a widow, filed a claim petition under Section 110-A of the Motor Vehicles Act claiming compensation in the sum of Rs. 1,50,000/- on account of the death of her son, being dependent on him. The claim was contested by the respondents by alleging negligence on the part of the deceased.

(3.) ON the pleadings of the parties, the following issues were framed by the Tribunal: