PIAR KAUR Vs. SURINDER PAL SINGH

JUDGEMENT

(1.) This is an appeal by the claimants who are legal heirs of deceased Mohinder Singh for enhancement of compensation awarded by the Motor Accident Claims Tribuinal, Ropar.

(2.) In brief, the facts of the case are that on 30.7.1986 at about 7.30 AM, Mohinder Singh was going on his cycle from village Mundow to Mohali. When he reached near village Sohana, a truck bearing registration No.CHW-3387 being driven by respondent No.1, Surinder Pal Singh, came from behind and struck against his cycle as a result of which he died at the spot. His legal heirs, namely, widow, two daughters and a son, then filed petition before the Motor Accident Claims Tribunal claiming compensation. Upon notice of claim petition, respondents 1 and 2 in their written statement submitted that the truck was insured with respondent No.3, i.e. Insurance company. They submitted that the deceased died due to his own negligence as he was going on the main road in a zig-zag manner. Respondent No.3-insurance company in its written statement stated that the accident took place due to negligence on the part of the deceased, Mohinder Singh being under the influence of liquor. Driver of truck was not holding a valid driving licence and that the claim is exaggerated.

(3.) Parties led evidence in support of their respective contentions. On appreciation of evidence adduced by the parties, the learned Tribunal vide award dated 17.5.1988, awarded a sum of Rs.57,600.00 as compensation to the claimants (appellants herein) along with interest at the rate of 12 per cent per annum from the date of claim petition till payment. Out of the said amount, Rs.30,000.00 was awarded to the widow, Piar Kaur, Rs.10,000.00 each to two daughters, namely, Balbir Kaur and Kuldip Kaur and Rs.7600.00 to the minor son Lakhbir Singh which was directed to be deposited in a nationalised bank in fixed deposit payable to him on attaining majority.