SAUDAGAR SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) THESE two appeals have been preferred by the claimant(s) seeking modification of the award dated 04.08.2000, passed by the Motor Accident Claims Tribunal, Ludhiana (here -in -after referred to as the Tribunal).

(2.) DARSHAN Singh and Jagdev Singh died in a motor accident on 23.04.1997. The Tribunal on appreciation of evidence held it to be a case of contributory negligence and both the drivers were held to be equally responsible. Both the claim petitions were allowed by a common award. Dis -satisfied with the meager compensation granted by the Tribunal, both the claimants have preferred the appeals.

(3.) THE brief facts of the case are as follows: - Jagdev Singh and Darshan Singh being the driver and cleaner on a tanker were returning to Jind. At 8:00 PM when the tanker reached near village Raila in Rajasthan, the offending truck came from the opposite direction. Jagdev slowed down the tanker. The truck driver turned the vehicle to the wrong side. To prevent a collision, Jagdev turned towards the right and in the process ended up colliding with the offending truck. Jagdev and Darshan were thrown out of the tanker and died on the spot. Malkiat Singh who was following the tanker in another vehicle was a witness to the accident. The FIR was lodged the same day at Banera (Rajasthan) by respondent no.1.