BANSI YADAV Vs. KRISHAN KUMAR

JUDGEMENT

(1.) THIS is an appeal filed under Section 110-D of the Motor Vehicles Act, 1939 (for short - the Act) against the judgment and award of the learned Motor Accident Claims Tribunal, Ludhiana (hereinafter referred to as the Tribunal) dated 11.2.1986 whereby the claim petition of the claimants has been dismissed.

(2.) THE facts leading to the case are that the claimants-appellants Bansi Yadav and Tapi parents of Siri Ram deceased filed a petition under Section 110-A of the Act claiming compensation of the demised of their son Siri Ram due to the Motor Vehicle accident at the hands of Krishan Kumar, driver (respondent No. 1). As per the allegations in petition, the deceased was travelling in a 'Tonga' and Bus No. HPZ-528 driven by Krishan Kumar (respondent No. 1) came from behind at a high speed. It was being driven rashly and negligently and it struck the Tonga' on its rear side. On account of the accident, Siri Ram son of the claimants fell on the ground and received injuries, as a result of which he died at the spot. Case FIR No. 105 dated 22.7.1985 (Ex.PB) in this regard was registered at PS Focal Point, Ludhiana for the offence under Sections 279, 338, 304A/427 Indian Penal Code.

(3.) FROM the pleadings of the parties, the learned Tribunal framed the following issues:-