RADHE SHAM Vs. RAM SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of F.A.O. Nos. 243 of 1987 filed by the claimants and F.A.O. No. 194 of 1987 filed by the owner of the offending vehicle. Both these appeals have been filed against a common judgment passed by the Motor Accident Claims Tribunal, Hissar, dated 28.11.1986 whereby a compensation of Rs. 15,000/- has been awarded to the claimants on account of the death of Hira Lal, a minor child of 8 years.

(2.) BRIEFLY the facts of the case are that on 27.10.1985 at about 6.30 P.M. Hira Lal, a boy of 8 years, was standing in the street of village Dhani Kumharan, District Hissar. He was on his left hand side in front of a vacant plot of Jella son of Nathu while his father-Radhe Sham and Dharam Pal were sitting in their plot adjoining the plot of Ram Singh-respondent No. 1. Ram Singh came from his fields on his tractor No. HRB- 5513 and was going to his plot through the street and without blowing any horn struck against the boy who fell down on the road and suffered multiple injuries. The child was picked up by Radhe Sham and his brother Dharam Pal who were sitting near the place of accident and was rushed to the Civil Hospital at Hansi. However, Hira Lal died on the way. A claim petition was filed in which a compensation of only Rs. 40,000/- was claimed on account of the death of the child. It was averred that the accident took place because of the rash and negligent driving of the tractor driver-Ram Singh. A joint written statement was filed by Ram Singh who was driving the tractor and Budh Ram who was his father and owner of the tractor in which the factum of accident was denied. It was averred that a false case has been registered against them by the police under the influence of the appellants due to family enmity.

(3.) THE next question that arises for determination in the present case is - What is the amount of compensation that the appellants are entitled to receive?