LAWS(P&H)-2005-8-3

NIRMALA KUMARI Vs. UNION OF INDIA

Decided On August 05, 2005
NIRMALA KUMARI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The claimants have filed the present appeal against the judgment of Motor Accidents Claims Tribunal, Ambala (hereinafter referred to as 'the Tribunal') dated 18.8.1992 by which a total compensation of Rs. 1,80,000 along with interest was awarded to the claimants.

(2.) The case in brief is that on 19.7.1991 at about 4.30 p.m. Surinder Singh Sasson, Advocate, practising at Ambala City, was going from Ambala Cantt. to Ambala City on his scooter No. HNA 6775 along with another person who was sitting on the pillion. When he reached the 'T' point linking Mall Road with G.T. Road, a military truck No. 89 AF-313205 being driven by Ajay Kumar, Airman, at a high speed suddenly turned towards the right side without blowing any horn or giving any signal as a result of which the scooter dashed against the truck. Both Surinder Singh Sasson and the person sitting on the pillion were injured. They were taken to Civil Hospital, Ambala Cantt. and therefrom to P.G.I. Chandigarh where Surinder Singh Sasson succumbed to his injuries. F.I.R. No. 267 dated 19.7.1991 was lodged by Kesar Lal, Home Guard, who was on duty at the 'T' point where the accident took place.

(3.) Nirmala Kumari, widow of the deceased, along with her three children, filed a petition under section 166 of the Motor Vehicles Act claiming compensation on account of death of Surinder Singh Sasson. In the claim petition, a total compensation of Rs. 10,00,000 has been claimed. It was averred that the deceased was 41 years of age at the time of his death and was earning a sum of Rs. 5,000 per month as an advocate.