PARMOD KUMAR Vs. KULDEEP SINGH

JUDGEMENT

(1.) This appeal is preferred against the award dated 12.01.2010 passed by Motor Accident Claims Tribunal (Tribunal for short), Karnal, whereby compensation to the tune of Rs.1,90,000/- was granted to the appellants on account of death of their son Arun Kumar in a road accident on 24.4.2007. The prayer is for enhancement.

(2.) The case of the appellants before the Tribunal was that the accident took place on 24.4.2007 on account of rash and negligent driving of bus No. PB-11Z-9788 by respondent No.1, as a result of which, Arun Kumar, who was travelling in the said bus for returning home after attending school, died. The bus at that time was going from village Nandi to Labhkari and at about 2.30 p.m. when it reached near the shop of Jaswinder Singh, near bus stand, Labhkari, where the uncle of Arun Kumar i.e. Rajinder Singh was sitting, respondent No.1 stopped the bus at that point for the children to alight and one of the passengers to de-board was the deceased, who came out of the bus from the front door. All of a sudden, respondent No.1, without ensuring that Arun Kumar had properly got down, drove the bus in a careless manner. The child fell down on the metalled road and the rear wheel of the bus ran over his head and he died at the spot. A criminal case was registered against the driver of the bus. The age of the deceased at the time of accident was stated to be 14 years and compensation of Rs.20 lacs was claimed.

(3.) Respondent No.1 filed written statement pleading, besides taking legal objections, that no accident, as alleged had taken place. He stated that the bus, as alleged was not involved in the accident and a false story had been projected by the appellants. Respondent No.2 pleaded in a separate written statement, that the bus was owned by it but it was sold to respondent No.2-A Mohan Singh son of Sadhu Ram and as such the answering respondent was not in any way liable. No objection certificate along with other legal documents had already been furnished.