HARDEV KAUR Vs. AJIT SINGH

JUDGEMENT

(1.) BY this judgment, FAO Nos. 854 and 855 of 1985 are being disposed of as they arise out of the award of the Motor Accident Claims Tribunal, Ludhiana dated 19.3.1985. The facts have been taken from FAO No. 854 of 1985.

(2.) ON 12.7.1983 at about 12.30 P.M., deceased Swaran Singh was going on his scooter No. PBO-5202 alongwith his daughter Harbhajan Kaur and her children, two in number, in the area near Kara Bara Chowk, Ludhiana when a bus bearing registration No. HYE-2745 belonging to the Haryana Roadways and being driven by Ajit Singh (respondent No. 1) struck against the scooter killing Swaran Singh at the spot and causing injuries to Harbhjan Kaur and her children. Two claim petitions were thereafter filed on by Hardev Kaur, the widow and other legal heirs of the deceased, Swaran Singh, claiming a sum of Rs. 1,50,000/- by way of compensation on the plea that he had been working in the Block Primary Office, Nawansheher and was drawing a salary of Rs. 800/- per month and was entitled to compensation on that basis, and the other by Harbhajan Kaur. Two sets of issues were framed on the pleadings. Hardev Kaur's case :-

(3.) THE Tribunal also examined the matter with regard to the claim of Harbhajan Kaur, injured-applicant and by observing that she had suffered permanent disability to the extent of 35% which was likely to improve with the passage of time, awarded a sum of Rs. 16,446.60 in all by way of compensation, under the following heads :-