BINDRO AND OTHERS Vs. BABI AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred against the award dated 28.01.1997, vide which the claim petition filed by the appellants/claimants under Section 166 of the Motor Vehicles Act (hereinafter called the 'Act') for grant of compensation on account of death of Major Singh in the present accident has been dismissed.

(2.) As per the averments in the claim petition, deceased Major Singh was a cleaner on truck bearing registration No.PLM-7815 and was accompanying Vijay Kumar driver of the truck. On 09.01.1991, he was returning from village Bhabra Azim Shah along with his family members. At about 03:30 p.m., when the truck reached near Lalliwala, the tarpaulin put over the truck went loose. Vijay Kumar stopped the truck on the left side of the road. On the instruction of Vijay Kumar, Major Singh alighted from the truck to tighten the tarpaulin. When he was doing so, then Balwinder Singh, respondent No.2, while driving canter DMC Toyta No.PCE-3083 came from the opposite side and struck against the truck. As a result of which, Major Singh suffered the injuries. When he was being taken to the hospital, he succumbed to the injuries in the way. The claimants have claimed the compensation to the tune of Rs.3,00,000/-.

(3.) The claim petition was contested by the respondents on the grounds inter alia that in fact when canter DMC Toyta No.PCE-3083 reached near village Lalliwala, Tehsil and Distt. Ferozepur the tyre of the canter got punctured. The vehicle was stopped on the left side of the road. Deceased Surjit Singh got the wheel of the vehicle changed with the help of his brother. When after this change of the wheel, he was coming down from the vehicle after putting the tools in the tool-box Vijay Kumar while driving truck No.PLM-7875 rashly and negligently came from the opposite side and collided with the right side of the canter. As a result of which, Surjit and Boota Singh suffered injuries. Surjit Singh later on succumbed to the injuries.