GURCHARAN KAUR Vs. DARSHAN SINGH

JUDGEMENT

(1.) This appeal filed under Section 110D of the Motor Vehicles Act, 1939 (for brevity, 'the Act') challenges award dated 1.4.1987, passed by the Motor Accident Claims Tribunal, Faridkot (for brevity, 'the Tribunal') dismissing the claim petition filed by the claimant-appellants, claiming compensation to the tune of Rs. 1,50,000/- on account of death of Shri Nachhattar Singh.

(2.) The whole controversy may first be noticed. On 8.5.1985, at 8.00 a.m., when Shri Nachhattar Singh along with his brother Shri Jalaur Singh had reached the main gate of the new Bus Stand, Kotkapura, then bus bearing Registration No. PUK-8113, driven by Darshan Singh, driver-respondent No. 1, working in the Punjab Roadways, struck Shri Nachhattar Singh, who fell on the ground. His bicycle was crushed and thereafter the bus struck the wall of the gate of the bus stand. It also struck against a shop which was demolished. Shri Nachhattar Singh was taken to Civil Hospital, Kotkapura, by his brother Shri Jalaur Singh but he succumbed to injuries suffered by him in the accident. Shri Jalaur Singh lodged a report with the police, which did not record the correct version as it was mentioned therein that the accident was the result of the fault of the deceased Shri Nachhattar Singh. The statement was thumb marked from Shri Jalaur Singh without having it read over to him. It was claimed that Shri Nachhattar Singh, in fact, had died on account of rash and negligent driving of Darshan Singh, respondent No. 1. The deceased was stated to be 35 years of age and earning Rs. 1,200/- per month as labourer. Accordingly, the claimant- appellants had claimed Rs. 1,50,000/-in addition to compensation of Rs. 15,000/- under Section 92A of the Act.

(3.) The driver Darshan Singh, respondent No. 1, along with respondent Nos. 2 to 4 filed the written statement denying the assertion made in the claim petition by the claimant-appellants. They even denied the accident having ever taken place with the Punjab Roadways bus No. PUK-8113 on 8.5.1985 at 8.00 a.m. In any case it is claimed that there was no negligence or carelessness on the part of the bus driver.