BALJIT KAUR Vs. PREM KUMAR AND ORS.

JUDGEMENT

(1.) BRIEF facts relevant for decision of this appeal are that around 7 p.m. on 31.08.1999, Soni Pal Singh since deceased driving a scooter bearing No.PB -12 -D -0178, was going from Mohali to Kurali. When he crossed petrol pump Sahauran, a Maruti car bearing No.PB -11 -E -1354 while coming in a rash and negligent manner from the side of Kurali, struck against it. As a result thereof, Soni Pal Singh sustained grievous injuries. He was taken to the hospital at Kharar, where he was declared dead. Hence, his widow i.e. appellant initially filed a claim petition under Section 166 of the Motor Vehicles Act (for short, 'the Act') for grant of compensation against his accidental death. However, during pendency of the same, she converted the same under Section 163 -A of the Act. She claimed that her deceased husband aged 24 years was earning Rs. 4,000/ - per month as Peon in Accounts Branch of Punjab University, Chandigarh. She was fully dependent upon him and thus, may be awarded adequate compensation for her subsistence.

(2.) UPON notice, respondent No. 2 did not file written statement, whereas respondents No. 1 & 3 in their separate statements, while denying the contents of the claim petition prayed for its dismissal. Proforma respondent No. 4 in her written statement pleaded that her deceased son was given employed by respondent No. 2 on compassionate ground against the death of her husband Karnail Singh. The petitioner - appellant in his life time had left her deceased husband nor ever co -operated with him. The petitioner -appellant has also been given job on compassionate ground, so she was not entitled for any compensation, rather she being mother of the deceased, his brother and sister were entitled to compensation. With these broad submissions, she too prayed for dismissal of the claim petition.

(3.) AGGRIEVED with the aforesaid award, the appellant - claimant Baljit Kaur has preferred the present appeal.