USHA DEVI Vs. OM PARKASH @ OMI @ OM PAL

JUDGEMENT

(1.) This appeal has been preferred by the claimants against the award dated 31.3.1993 passed by the Motor Accident Claims Tribunal (for short Tribunal), Patiala whereby they have been awarded a compensation of Rs. 2.40 lacs along with interest @ 12% per annum on account of death of Ramesh Kumar, who was aged about 30 years, in a motor vehicular accident which took place on 24.9.1989.

(2.) Briefly, the facts are that, on the fateful day, Ramesh Kumar was driving scooter No. HNC 7148 whereas Raj Kumar was sitting on the pillion and were on their way to Ambala from Fatehgarh. When the scooter reached the junction where the link road from village Nagla joins the main Fatehgarh-Ambala Road, a Ford tractor, bearing registration No. PJR-4816, entered the main road from village Nagla. The tractor driver did not blow any horn and without observing any traffic rules, brought the tractor on the main road in a rash and negligent manner and hit the scooter, as a result of which Ramesh Kumar and Raj Kumar, both received injuries. Whereas Ramesh Kumar died at the spot, Raj Kumar was shifted to Ambala. The accident was witnessed by Sunil Kumar and Anant Kumar.

(3.) Claiming a compensation of Rs. 6 lacs for the death of their sole bread earner, the widow and four minor children of the deceased as well his widowed mother filed this claim petition, which was contested by the respondent-insurance company.