GURMEET KAUR Vs. PUNJAB ROADWAYS FEROZEPUR

JUDGEMENT

(1.) THIS appeal has been filed by the claimants against the award of the Motor Accident Claims Tribunal, Faridkot, dated 6-10-1999, vide which only claimant No. 1 was granted compensation to the tune of Rs. 50,000/- under Section 140 of the Motor Vehicles Act as no fault liability and the said amount was directed to be paid to the mother of the deceased being his legal heir.

(2.) THE facts of the case, as borne out from the record, are that on 20-1-1997 deceased Gurtej Singh boarded the bus of Punjab Roadways Ferozepur Depot from Muktsar Bus Stand and when it reached near Mission Hospital, Muktsar, the driver of the bus, who was driving it rashly and negligently and also being over-loaded by the conductor,respondent No. 3, applied the sudden brakes and due to fast speed, a heavy jolt was caused as a result of which window of the bus was opened and the deceased Gurtej Singh fell down on the road and suffered multiple injuries which resulted in his death. It was also claimed that besides studying, the deceased Gurtej Singh was also doing the work of dyeing the clothes in the evening and used to earn about Rs. 3,000/- per month and it was on account of the loss suffered, the claimants claimed that they were entitled to compensation to the tune of Rs. 6 lacs.

(3.) ON the pleadings of the parties, the following issues were framed :