JASBIR KAUR Vs. VIJAY KUMAR

JUDGEMENT

(1.) This is claimants appeal against the award of the Claims Tribunal dated July 20, 1989, whereby an amount of Rs. 76,800/ - has been awarded as compensation to the claimants.

(2.) Kashmir Singh, husband of Jasbir Kaur claimant No. 1, was an Army personnel earlier. Later on he was running a shop in his village and was earning about Rs. 1,200/ - per month. Appellant No. 1 is his widow. Appellant No. 2 is his minor son. After Kashmir Singh's death she gave birth to a son Jagtar Singh posthumously. They are the legal heirs of deceased Kashmir Singh. On May 30, 1985 at about 2.45 P.M. Kashmir Singh was going on his moped when near Grain Market Fazilka he was knocked down by truck No. PBX 3250 owned by deceased Lekh Raj respondent No. 2 and driven by Vijay Kumar respondent No. 1. This vehicular accident took place because of the rash and negligent driving of the said truck by respondent Vijay Kumar. Kashmir Singh sustained injuries in this accident and he breathed his last on account of these injuries. Claimants' contention was that this truck was insured with respondent No. 3. Hence, the claimants claimed Rs. 2,50,000/ - as compensation.

(3.) Respondents 1 and 2 submitted their joint written statement and denied that this accident took place because of the rash and negligent driving of the aforesaid truck by respondent Vijay Kumar. They submitted that this truck was insured with respondent No. 3. They also denied that this truck was involved in this accident.