VIJAYA LUXMI Vs. STATE OF HARYANA

JUDGEMENT

(1.) These two appeals, one at the instance of the legal heirs of the deceased and the other filed by the State of Haryana are being disposed of by this judgment as the same arise out of an award dated 1.12.1997 passed by the Motor Accidents Claims Tribunal, Ambala, whereby a sum of Rs. 10,00,000 has been awarded to the claimants on account of the death of Kuldeep Kumar, the husband of claimant No. 1, father of claimant No. 2 and son of claimant Nos. 3 and 4.

(2.) The facts of the case are as under: On 17.2.1996, Kuldeep Kumar deceased was proceeding towards Ambala from village Raipur Rani as a pillion rider on a scooter bearing registration No. HR 03-A 6195 which was being driven by Harish Kumar, PW 3. As they reached near Baldev Nagar Camp, a Haryana Roadways bus bearing registration No. HR 01-2638 came from behind, knocked down the scooter and crushed the deceased. The claimants filed a petition claiming Rs. 35,00,000 by way of compensation basing their claim on the plea that the deceased had been employed as a Functional Manager, District Industries Centre, Kurukshetra and had been drawing a salary of Rs. 6,000 per month on the date of his death.

(3.) Respondent Nos. 1 and 2 filed their written statements controverting the claim of the claimants and attributed the accident to the negligence of the scooter by its driver.