SHEELA DEVI Vs. JEET SINGH

JUDGEMENT

(1.) The aforesaid appeals have been filed against the award of the Tribunal dated 5.8.1999 passed in two claim petitions, one filed by the widow and children and the other by the mother, in respect of the death of Rakesh Kumar Verma in a motor vehicle accident. The Tribunal dismissed both the petitions and awarded only a sum of Rs. 50,000/- under No Fault Liability. It is for this reason that both the widow and the mother have come up before this Court in appeal. Since common questions of law and fact are involved, both the appeals are being decided by this common judgment.

(2.) At the very outset death certificate of the appellant-mother has been filed which is taken on record.

(3.) Brief facts of the case are that deceased was travelling on his scooter bearing No. CH-01-Q-2484 from village Landran to village Raipur Rani on 12.3.1997 at about 7:30 p.m. after closing his clinic. The offending truck was parked on the side of the road due to some mechanical fault without there being any back light signal or other light indicating that the truck was parked there. The driver of the truck had placed half bricks on the metalled portion of the road surrounding the truck and when the deceased tried to cross the truck, another truck suddenly appeared from Raipur Rani side and the scooter of the deceased went on to the half bricks and fell down towards left side on the metalled road whereas the deceased himself fell on the right side and his head was crushed under the truck and he died.