VIDYA DEVI WIDOW Vs. MADAN SINGH

JUDGEMENT

(1.) AS unusual accident took place on January 14, 1984. Bus No. PUK-9695, which was being driven by Madan Singh respondent No. 1, came from the side of Muktsar. When it reached near railway station, Kotkapura the bus knocked down one motor-cyclist, Jagir Singh by name. Thereafter it turned towards some hand-carts (Rehris) which were parked nearby by the hawkers, injuring Hans Raj and Des Raj. Des Raj later on died as a result of the accident. The bus then hit one wooden Khokha belonging to Khushi Ram, whose two sons Parveen Kumar and Sanjay Kumar who were selling eggs etc. on Rehri were also injured. One Madan Lal, who was an employee of the Market Committee and who was standing there, was also knocked down and he died at the spot.

(2.) SEVERAL claim petitions were made on account of two deaths and several injured persons. The present appeals are with regard to the death of Madan Lal and injuries of Jagir Singh. These are FAO Nos 179 and 439 both of 1985.

(3.) THE claimants in FAO No. 179 of 1985 were Vidya Devi, mother and Pawan Kumar, brother of the deceased-Madan Lal. Madan Lal was 20. He was a permanent employee working as cattle scarer getting about Rs. 500/- per month, besides uniform allowance, washing allowance etc. The Claims Tribunal took Rs. 100/- per month as the dependency of the mother and applying a multiplier of 20, awarded a sum of Rs. 24,000/- to the mother. It was further held that Pawan Kumar was not shown to be minor or dependent on the deceased and, therefore, his claim was negatived. With regard to Jagir Singh, appellant in FAO No. 439 of 1985, it was held that even though the doctor concerned had been examined, Jagir Singh himself failed to appear as a witness and his petition was dismissed. Aggrieved by the order of the Claims Tribunal, the appellants have preferred these appeals. I have heard learned counsel for the parties.