GURBACHAN KAUR (DECEASED) THROUGH LRS Vs. SOHAN SINGH

JUDGEMENT

(1.) THIS order will dispose of the appeal as well as Cross Objections arising out of the same award dated 8.4.2000 passed by Motor Accident Claims Tribunal, Hoshiarpur (for short 'the Tribunal'). Claimants have come up in appeal for the enhancement of compensation awarded by the Tribunal whereas respondent No.1 Sohan Singh, driver of the offending Punjab Roadways bus, has filed Cross Objections challenging the award passed against him.

(2.) THE facts of the case are that on 16.7.1996 at about A.M., Nirmal Singh (since deceased) was going from Hoshiarpur to his village Jallowal Khanoor on his scooter. When he reached near village Chagran bridge, a bus No.PB -12 -8423 of Punjab Roadways, Hoshiarpur Depot owned by respondent No.3 and driven by respondent No.1, came at high speed from Hoshiarpur side and was going towards Chandigarh. It was being driven rashly and negligently. The driver of the bus lost control over the bus and hit the scooter of the deceased Nirmal Singh, who died at the spot. Gurmail Singh was going on his cycle, who witnessed the occurrence. One Onkar Singh son of Udham Singh, resident of Mohalla Bassi Khawaju, Hoshiarpur who was also going on his scooter also witnessed the occurrence. Gurmail Singh, eye witness also received minor injuries in this accident. He was admitted in Civil Hospital, Hoshiarpur. FIR No.202, dated 16.7.1996 under Sections 304 -A/279/337/427 IPC was registered. It is stated that deceased Nirmal Singh was aged about 29 years. He was doing a job in M/s MK Industries, Focal point, Ludhiana and getting salary of Rs. 3000/ - p.m. Claimants are the widow, minor daughter and the parents of the deceased. They were all dependent upon deceased Nirmal Singh. They have been deprived of the love and affection of the deceased. Therefore, they claimed '6 lacs as compensation.

(3.) IN the written statement, respondent No.1 Sohan Singh took the plea that no accident took place with bus No.PB -12 -8423 of Punjab Roadways, Hoshiarpur on 16.7.1996. A false case has been registered against him with malafide intention. He also denied all the facts constituting the accident. He stated that he is a trained driver.