GURDEV SINGH Vs. GURMIT SINGH

JUDGEMENT

(1.) Parents, widow and children of deceased Bhinder Singh have approached this Court by way of present appeal for enhancement of compensation, against the award of the Motor Accident Claims Tribunal, Ropar (for short 'the Tribunal') dated July 2, 1988.

(2.) At the very outset, counsel for the appellants stated that appellant No. 1, namely Gurdev Singh son of Kundan Lal, father of the deceased has expired during the pendency of appeal, hence his name may be deleted from the array of parties. Ordered accordingly. The Registry is directed to carry out necessary correction in the memo of parties.

(3.) Briefly the facts as evident from the award are that, on 22/6/1987 at about 1.30 P.M. the deceased was driving his scooter No. CHB 5282 on the left side of the road while a truck /tipper bearing No. CHW 6751 driven rashly and negligently by Gurmit Singh came from Ropar side and while taking the truck on the wrong side of the road it struck against the scooter, as a result of which Bhinder Singh died on the spot. Driver of the truck fled away from the spot. FIR was duly lodged with the police by an eye-witness Sh. Umrao Singh. In reply to the claim petition, the respondents admitted the accident but denied their liability by contending that the accident took place on account of negligence on the part of the deceased himself. For considering as to whether death of Bhinder Singh has taken place on account of rash and negligent driving of the driver of truck, two issues were framed and on the basis of evidence, it was found that the accident took place due to rash and negligent driving on the part of the truck driver Gurmit Singh.