SURINDER KAUR Vs. LAKHBIR SINGH

JUDGEMENT

(1.) This is an appeal filed on behalf of widow, minor son and daughters of deceased Sat Pal, against the award of Motor Accident Claims Tribunal, Amritsar (for short 'the Tribunal') dated 24/4/1990 whereby application for claim filed by the appellants is dismissed.

(2.) Brief facts of the case available on record are that Sat Pal, husband of appellant No.1, and father of appellant Nos. 2 to 5 was travelling in a truck bearing No. PJA 3568 driven by Lakhbir Singh on 27/4/1984. When the truck reached near Baba Budha Sahib, Kathunangal on its way from Amritsar towards Batala, the driver of the truck stopped the same on the road and started talking to some person. After completing the discussion, he suddenly started the truck and turned towards Gurdwara Baba Budha Sahib. From opposite side, bus No. PBN 9655 came and hit the truck on its front, resulting in serious injuries to deceased Sat Pal. It is pleaded that accident took place because of rash and negligent driving of the driver of the truck. Deceased was initially admitted to Civil Hospital, Batala and subsequently shifted to Shri Guru Teg Bahadur Hospital, Amritsar where he succumbed to his injuries on 28.4.1984. It is further pleaded that deceased was 36 years of age and was the sole bread earner for his family. He was trading in the business of buffaloes, thereby earning Rs. 1200.00 per month, out of which he contributed Rs. 900.00 per month for his family members.

(3.) In reply filed by the driver, the accident is not disputed. There is no evidence on record by the respondents. In support of their case, the claimants produced Piara Singh AW-2, who was working in the nearby fields and witnessed the accident. The learned Tribunal, while discarding the evidence of the claimants, rejected the claim petition.