MOHINDRO RANI AND OTHERS Vs. PRTC AND OTHERS

JUDGEMENT

(1.) These are two cross appeals, filed by the claimants and the owner of the vehicle involved in the accident, against the Award of the learned Motor Accident Claims Tribunal, Patiala, dated 18.9.2003.

(2.) The claim petition filed by the appellants in FAO No.5338 of 2008, sought compensation under Section 166 of the Motor Vehicles Act, 1988, for the unfortunate death of Amarjit Singh, aged 35 years, in a motor vehicle accident that took place on 2.2.2002, at about 3:00 p.m., opposite the High School, Kurala, on the Zirakpur Banur road.

(3.) The accident is stated to have taken place due to the rash and negligent driving of respondent No. 3, while driving Bus No.PB -11 -B -9660, owned by respondent Nos.1 and 2 and stated to be insured by respondent No.4. The facts, taken above and hereinafter, are from the Award of the learned Tribunal. It was contended that the deceased was coming back to Banur on his bicycle and when he reached opposite the aforesaid school, the third respondent, came driving the bus in a rash and negligent manner and struck it against the bicycle of the deceased, due to which he fell down and received serious injuries and died on the spot. It was claimed that the deceased was earning Rs.6,000/ - per month as a vegetable seller. A total compensation of Rs.6 lacs was claimed.