PALO Vs. PREM SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the claimants who are dissatisfied with the quantum of compensation awarded to them by the Tribunal on account of the death of Parkash Ram in an accident.

(2.) THE facts of the case are that Parkash Ram accompanied by Tarsem Lal and Harnam Dass was going from village Talwandi Kalan to Ladowal on 8.7.1984. When they reached near village Ladowal, Tarsem Lal and Harnam Dass wished good bye to Parkash Ram and left. Parkash Ram then went towards the petrol pump situated on the G.T. Road and while crossing the road, was run over and killed by bus No. PUX 6653 driven by Prem Singh (respondent No. 1) and owned by Punjab Roadways, Nawanshehr (respondent No. 2). In the claim petition filed by the claimants, it was claimed that the deceased was 28 years of age only at the time of his death and was earning Rs. 1500/- per month from agriculture and dairy farming.

(3.) THE Tribunal in its award dated 23.7.1986 held that three versions have been put forward as to the manner in which the accident had taken place, one by claimants, the second by Prem Singh driver and the third by owner of the vehicle and it appeared that neither of the three versions are fully correct. The Tribunal determined the contributory negligence of the deceased to the extent of 75% while negligence of the driver was held on 25 per cent. The Tribunal, therefore, held the claimant entitled to 25 per cent of the awarded amount which came to Rs. 12,816/- out of the total assessed compensation of Rs. 51,264/-.