CHANDER DEVI Vs. HARYANA STATE

JUDGEMENT

(1.) This appeal filed under Section 110-D of the Motor Vehicles Act 1939 (for brevity 'the Act') by the claimant-appellants prays for enhancement of compensation awarded by the Motor Accidents Claims Tribunal Chandigarh (for brevity 'MACT') vide its award dated 13.11.1987. The claimants are the widow and the three sons of deceased limed Singh who was killed in a road accident which occurred on 1.9.1986 at the Poultry Farm Chowk on Chandigarh Ambala Road at 10.30 P.M. The total amount of compensation claimed is Rs. 3 lacs. However the Tribunal had awarded Rs. 57600/- by apportioning the same amongst the claimants.

(2.) Brief facts of the case are that on 1.9.1986 Umed Singh was riding a bicycle. When he reached the Poultry Farm Chowk Chandigarh Ambala Road he had crossed almost the whole crossing. Then a bus bearing registration No.HRT5332 belonging to the Haryana Roadways driven by Rajinder Singh-respondent No. 2 was going from Chandigarh to Ambala which hit the rear portion of the bicycle of the deceased when he had almost crossed the road from Industrial Area side towards Hallo Majra. He suffered head injuries and later on died in the hospital. The deceased was identified as Umed Singh who was also serving as bus driver with the respondent - Haryana Roadways and it is stated that he was drawing a gross salary of Rs. 1425.80 per month. His age was stated to be 48 years. It has come on record that the manner of accident was promptly reported to the police which registered F.l.R. No. 368 of 1986 on the statement made by one Surinder Kumar on 1.9.1986 at 1.45 P.M. The F.l.R. has been produced on record as Exhibit P-10 and the same has been recorded on the basis of ocular version of Surinder Kumar who was later on examined as PW5.

(3.) The stand of the respondent-State is that the accident had taken place due to the fault of Umed Singh the cyclist who is stated to have lost control of his bicycle and fell on the right-side of the road in front of the bus. It has been asserted that the bus struck against the rear portion of the bicycle and the victim was immediately taken to the PGI by the driver and conductor of the bus. It has also been alleged that the victim was smelling of liquor. The driver of the vehicle Rajinder Singh-respondent No. 2 did not appear before the Tribunal despite service and was proceeded ex parte on 9.5.1987.