TOLA RAM Vs. DEV DUTT

JUDGEMENT

(1.) IN this appeal, challenge is to award dated 8.11.1988 whereby claimants have been allowed compensation on account of death of Jai Lal in motor vehicle accident which took place on 22.11.1986. In brief, the facts are that on 22.11.1986 at about 7 PM, deceased Jai Lal was coming on his motor cycle bearing registration No. HRG-3798 from Gurgaon to his village Sadharna, when a tempo bearing registration No. HRD-5365 driven by Tola Ram, respondent No. 1 (appellant herein) came at a high speed in a rash and negligent manner and struck against his motor cycle from the front side. As a result thereof, Jai Lal fell down and received injuries resulting in his death at the spot. The matter was reported to the police whereafter an FIR was registered. His legal heirs, namely, his widow, five sons and parents filed claim petition claming compensation on account of death of Jai Lal.

(2.) UPON notice of the claim petition, respondents(appellants herein), namely, driver and owner of the tempo, who are son and mother, filed written statement controverting the averments made in the claim petition. It was pleaded that the accident took place due to rash and negligent driving of deceased Jai Lal himself as he was driving the motorcycle at a high speed and was under the influence of alcohal.

(3.) THE learned Tribunal on appreciation of evidence so led by the parties, allowed the claim petition and granted compensation to Rs. 96,000/- to the claimants along with 12 per cent per annum interest. Out of the said amount, the widow and five sons of the deceased were held entitled to receive Rs. 15,000/- each while the parents of the deceased were to get Rs. 3000/- each. Feeling aggrieved, the respondents, namely, driver and owner of the offending tempo, have assailed the award of the Tribunal. Learned Counsel for the appellants have been heard.