KAMLA DEVI Vs. BALWINDER SINGH

JUDGEMENT

(1.) THIS letters patent Appeal arises out of the judgment of the learned Single Bench dated 22-5-1985 declining the claim of the appellants for the grant of compensation on account of the death of one Ram Singh.

(2.) THE relevant facts as put forth by the appellants are to the effect that Ram Singh motor cyclist, along with an old lady on the pillion seat, was going from Chandigarh to Rajpura. A truck was standing on the road side. When Ram Singh was crossing the truck, bus bearing registration No. PCV-2337 being driven by Balwinder Singh respondent, came from the opposite direction i. e. from Rajpura side at a high speed without blowing any horn or applying the brakes. When it approached near the truck, the right side bumper of the bus struck against the motor cycle resulting in the death of Ram Singh. The appellants viz. widow, four daughters and two minor sons of Ram Singh deceased claimed a compensation of Rs. one lac, inter alia, contending that the deceased was earning about Rs. 600/- per month while working as an Electrician in the Public Health Department, Punjab. He was likely to be promoted as a foreman. He was 40 years old at the time of his death.

(3.) THE Motor Accidents Claims Tribunal observed that the motor cyclist was coming at a speed of 45 to 50 kilo meters per hour and the offending bus was also coming at the same speed. The bus could not be expected to stop when a vehicle is coming from the other side. It was further observed by the Tribunal that the bus driver took all reasonable precautions and resultantly found that no rash or negligent driving can be attributed to the bus driver. So far as the compensation is concerned, by assessing the dependency at Rs. 400/- per month and after making a deduction of Rs. 10,000/- on account of ex-gratia paid to the appellants, the Tribunal assessed the compensation payable to the appellants at Rs. 38,000/ -.