MANJIT KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order of mine shall dispose of F.A.O. Nos. 947 of 1988 and 711 as both arise out of the common award.

(2.) The appellants in F.A.O. No. 947 of 1988 are aggrieved against the award rendered by the Motor Accidents Claims Tribunal on 13.6.1988 whereby compensation of Rs. 76,800 was awarded to them payable by the driver of the bus No.HRF 5037.

(3.) The appellants are widow and minor children of Gian Chand, who was travelling in tractor No. HYN 364 which was being driven by Tara Chand from Sirsa to village Rampura Dhillon. On 28.1.1983 at about 7.30 p.m., when the tractor was in the area of village Nathusari, a bus of Haryana Roadways bearing No. HRF 5037 came from behind and struck against the tractor as a result of which the right side of the projection of trolley was entangled in the body of the bus on account of which the occupants of the tractor including Gian Chand received injuries. He was removed to the hospital but he died. Subsequently, the appellants filed claim petition claiming compensation on account of rash and negligent driving of the bus driver.