CHANDER KALA Vs. LACHHMAN SINGH

JUDGEMENT

(1.) Chander Kala, mother of the deceased Bal Kishan and Pahlad Singh, father of the deceased, have filed the present appeal against the judgment of Motor Accidents Claims Tribunal, Hisar dated 27.5.1998 by which their claim petition was dismissed and no compensation was awarded on account of death of Bal Kishan.

(2.) Briefly the facts of the case are that on 5.6.1995 at about 9 a.m. Bal Kishan along with his friend Sanjay Kumar was coming to his shop on Barwala Road on his scooter No. HRT 5436 and when he reached near the petrol pump of Mirzapur bypass, his scooter developed some mechanical defect and as a result of which he stopped the scooter. The deceased started pulling his scooter alongside the road. Sanjay Kumar was walking on the side. When they reached near the gate of Engineering College at Hisar-Barwala Road, a Tata 407 truck bearing registration No. HR-14 2929 came from the back side at a very high speed and struck against Bal Kishan from behind. Bal Kishan sustained serious injuries. He was removed to the Civil Hospital, Hisar, but he succumbed to his injuries.

(3.) The claimants who are the aged parents of the deceased Bal Kishan filed a claim petition wherein it was averred that the deceased was earning Rs. 4,000 per month and that they were fully dependent on the deceased. It was further averred that the deceased was doing the work of a scooter mechanic and was in very good health. They claimed a total compensation of Rs. 20,00,000 on account of death of Bal Kishan.