YAS PAL Vs. TARA CHAND

JUDGEMENT

(1.) This appeal has been filed against the judgment of the Motor Accidents Claims Tribunal, Karnal, dated 21.9.1992 by which compensation of Rs. 64,000 was awarded to the appellants for the death of Narinder Kaur. The husband and the three minor daughters of the deceased Narinder Kaur have filed the present appeal wherein they have claimed a sum of Rs. 5,00,000 for the death of Narinder Kaur and Rs. 2,50,000 for the death of the foetus in the womb of the deceased.

(2.) Briefly the facts of the case are that on 14.7.1990 at about 10 a.m. the deceased Narinder Kaur was going to a clinic of a doctor along with her husband Yash Pal. When they reached near Karan Talab at Karnal she was hit from behind by a Haryana Roadways bus with the result she was seriously injured. She was rushed to a hospital at Karnal immediately but she died on the way. At the time of the accident Narinder Kaur was in advanced stage of pregnancy and her post-mortem examination revealed that the uterus contained a male foetus of 42 cm in length and 1.5 kg in weight. This was revealed in the postmortem report, Exh. PL Her gestation period was 32 to 36 weeks.

(3.) Motor Accidents Claims Tribunal held that the accident took place because of rash and negligent driving of Haryana Roadways bus which was being driven by Tara Chand, respondent. Yash Pal, claimant, PW 1, deposed that he along with his wife was going on the left side of the road when Narinder Kaur was hit by a Haryana Roadways bus from behind. He further stated that both he and his wife were walking at the time when the accident occurred. An F.I.R., Exh. PW 2 was registered immediately after the accident which was duly proved. A perusal of the testimony of eyewitness, Yash Pal, makes it clear that the accident took place because of rash and negligent driving of Haryana Roadways bus which has knocked down a pedestrian.