BALJIT KAUR Vs. HANS RAJ

JUDGEMENT

(1.) The appellants - Baljit Kaur and Lakhbir Singh have filed present appeal against impugned Award dtd. 18/5/2004 passed by learned Motor Accident Claims Tribunal (Adhoc), Patiala vide which the claim petition filed by the appellants seeking compensation on account of death of their son Jatinder Singh in a motor vehicular accident under Sec. 163-A of Motor Vehicles Act, 1988 was dismissed.

(2.) As per the facts of the case, the aforesaid appellants/claimants initially filed claim petition under Sec. 166 of Motor Vehicles Act, 1988 but later on, it was amended and converted into a claim petition under Sec. 163-A of Motor Vehicles Act, 1988, as per order dtd. 1/2/2003. It is the case of claimants that at the time of accident, their son Jatinder Singh was 26 years old. He was working as a Teacher with Evergreen High School, Badshahpur Mandi, Patiala and was drawing salary of Rs.2650.00 per month and he was further earning Rs.2,000.00 per month by doing tuition work. Jatinder Singh was B.A., B.Ed and he was teaching in the aforesaid school and he was likely to be appointed as a Teacher in Government school. On the fateful day of 25/6/1998, Jatinder Singh alongwith some other persons were travelling in Tempo/Canter bearing Registration No. PB-11G-8875 and they were going from Samana to Dera Baba Badbhag Singh via Fatehgarh Sahib. At about 04:00 p.m., when they reached near I.T.I. Bassi Pathana on Sirhind-Morinda road, a Truck bearing Registration No. HR-46-2386 came from the opposite side i.e. from the side of Morinda at a very high speed and struck against the Tempo/Canter bearing No. PB-11G-8875. Due to this accident, Jatinder Singh alongwith others received serious injuries. The accident had taken place on account of negligence of Truck driver bearing No. HR-46-2386 who was driven at a high speed and could not control his vehicle. The driver of aforesaid Truck got registered F.I.R. against the driver of Tempo/Canter bearing No. PB-11G-8875 i.e. respondent No. 5. All the injured were taken to hospital. In this accident, Jatinder Singh and one Roshan Lal lost their life in Rajindra Hospital, Patiala. Jatinder Singh remained under treatment from 25/6/1998 to 26/6/1998 and ultimately succumbed to the injuries. They had spent Rs.50,000.00 on his treatment and last rites. Both the claimants have suffered great loss on account of his untimely death. They have claimed compensation to the tune of Rs.8,00,000.00 alongwith interest, as detailed in the claim petition.

(3.) Notice of claim petition was given to the respondents. Later on, Randhir Singh was also impleaded as respondent No. 7. The claim petition was contested by respondents No. 1 to 5. The respondent No. 6 was proceeded against exparte vide order dtd. 26/10/2002 and Randhir Singh - respondent No. 7 was also proceeded against exparte vide order dtd. 21/5/2003.