RAM KISHORE GUPTA Vs. MUNSHI RAM

JUDGEMENT

(1.) This appeal filed by the claimant-appellants under Section 110-D of the Motor Vehicles Act 1939 (for brevity 'the Act') prays for enhancement of compensation awarded by the Motor Accident Claims Tribunal Ambala (for brevity 'the Tribunal') vide its award dated 6.3.1987. The claimants in appeal are father of the deceased unmarried major and minor sisters minor brother step-mother and a step brother.

(2.) It is conceded position that Deepak Kumar Gupta who was 17 years of age was studying in the 1st year B.E. (Mechanical) at the Punjab Engineering College Chandigarh. It is also accepted and proved before the Tribunal that his death was caused on 26.8.1986 at about 4.30 p.m. at Patiala Chowk House Ambala City on account of rash and negligent driving of bus No.HRV-2762 by the driver Munshi Ram (respondent No. 1). The deceased Deepak Kumar Gupta was knocked down who was coming on a cycle. He succumbed to the injuries suffered by him in the accident in Philadelphia Hospital Ambala on 26.8.1986 soon after the accident. The Tribunal has rejected the plea of the respondents imputing contributory negligence to the deceased and theory of stationary bus belonging to Kaithal Depot of the Haryana Roadways has been discarded in the following words:

(3.) The Tribunal has further held that the father of the deceased alone was entitled to make a claim because others could not be regarded as the LRs of the deceased Deepak Kumar Gupta. For the aforementioned purpose the Tribunal has placed reliance on a Full Bench judgment of this Court in the case of Parkash Chand and Ors. v. Pal Singh and Ors. (1985-1) 87 P.L.R. 538.