TARO DEVI Vs. SAGINDER PAL SINGH

JUDGEMENT

(1.) The claimants are in appeal. They have challenged the award passed by the Motor Accidents Claims Tribunal, Patiala (for short, 'the Tribunal') dated August 1, 2002 whereby an amount of Rs.50,000.00 has been awarded to claimant Taro Devi as compensation on account of death of Faquir Chand, her husband. The claim of claimants No.2 and 3 has been rejected as it has been found that they were not dependents on their father Faquir Chand.

(2.) An accident took place on February 4,2000 when Faquir Chand was riding a bi-cycle alongwith his son Chetan Jindal. He was hit by a bus No.PB-11H/9908, which came from the side of bus stand Patiala being driven in a rash and negligent manner. Consequently, the bus hit the cycle and as a result thereof, Faquir Chand was crushed under the wheels of the bus and died at the spot. Three claimants, namely, widow and two sons, namely, Chetan Jindal and Parveen Kumar filed the claim petitions claiming compensation. They specifically pleaded that bus driver was driving the offending vehicle in a rash and negligent manner and, therefore the accident in question had occurred.

(3.) The learned Tribunal, on the basis of evidence available on record, has found that the bus driver indeed was rash and negligent in his driving and, therefore, accident in question had occurred. It was further found that Chetan Jindal and Parveen Kumar aged 27 years and 29 years, respectively, could not be treated to be the dependents of deceased Faquir Chand. Consequently, their claim was rejected. However, Smt. Taro Devi widow of deceased Faquir Chand was held to be entitled to compensation. The learned Tribunal assessed the compensation at Rs.50,000/- in lump-sum payable to Smt.Taro Devi. Additionally, a sum of Rs.5,000/- was awarded as expenditure spent on cremation and last rites of the deceased. In this view of the matter, a total compensation of Rs.55,000/- was awarded alongwith interest at the rate of 9% per annum. The claimants have now approached this Court through the present appeal.