N LEELAWATI Vs. AMAR SINGH

JUDGEMENT

(1.) This appeal arises out of the award dated 16.1.1988 passed by Mr. S.S. Chahal, Motor Accidents Claims Tribunal, Patiala in M.A.C.T. Case No. 22 of 3.4.1987. The claimant-appellant No.1 (N. Leelawati) is the widow, the appellant Nos. 2 and 3 are the daughters and the appellant No. 4 is the son of the deceased.

(2.) On 22.3.1987, K. Thankappan (hereinafter referred to for the sake of brevity as 'the deceased'), who is the husband of appellant No. 1 and father of appellant Nos. 2 to 4 was travelling on his scooter on the Chandigarh-Rajpura Road. As he crossed the bus stop in village Chhat, a truck coming from the side of Rajpura bearing No. HYA 3997 which was being driven by respondent No. 2 herein hit his scooter, as a result of which the deceased fell down and received injuries. He was removed to the Command Hospital at Chandigarh in an injured condition. From the Command Hospital, Chandigarh he was then shifted to the PGI, Chandigarh where he died.

(3.) The respondent No. 1 is the owner, respondent No. 2 is the driver while respondent No. 3 is New India Assurance Co. Ltd., Panchkula. Deceased was 41 years at the time of accident. As per claimants, he was getting a salary of Rs. 2,067.40. On account of the death of the deceased, the claimants claimed a sum of Rs. 5,00,000 as compensation.