RAMESHWARI DEVI Vs. BALBIR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award of Motor Accident Claims Tribunal, Gurgaon dated 17.10.1979 dismissing the claim petition.

(2.) THE issue before the Tribunal was whether the accident took place due to rash and negligent driving of respondent No. 1, which was decided against the claimants. The Tribunal by taking into consideration the dependency of the claimants on the deceased at Rs. 256/- per month and by applying multiplier of 15 assessed the claim to the extent of Rs. 47,700/- as compensation. Since the claimants had claimed only Rs. 25,000/- they were held entitled to Rs. 25,000/- but the Tribunal had granted no compensation in view of the finding that the accident was not caused due to rash and negligent driving of respondent No. 1.

(3.) THE case of the claimants is that the accident in question took place on 29.5.1978 near village Bamna Khera on Faridabad-Palwal-Hodal Road at about 5.15 a.m. On receipt of a call regarding fire in Dal Mill at Hodal, the fire engine left Faridabad and was on its way to Hodal. From the opposite direction truck No. DHG 2394 which was being driven by Balbir Singh, respondent No. 1, was coming at a high speed almost in the middle of the road. The driver of the fire engine No. PNG 2660, Mr. Amar Singh tried to avoid the collision, but the offending truck came straight and struck on the right side of the fire engine near the driver seat killing Rishal Singh, Fireman, who was ringing the bell and was occupying the seat behind the driver and also injured driver Amar Singh Sub Fire Officer, S.K. Sharma another Driver, Om Prakash and Chaman Lal. The fire engine was also completely damaged. Rishal Singh, deceased was thirty eight years of age and was getting Rs. 475.50 ps. per month as salary while working as Fireman. He left behind his wife Smt. Rameshwari Devi, aged 35 years, two daughters Urmila aged 15 and Sarla aged 10 years, a son Sudhir Kumar, aged 6 besides his parents Ude Singh aged 80 and Khilian aged 78 years.