STATE OF HARYANA THROUGH SECRETARY TO GOVERNMENT HARYANA TRANSPORT DEPRTMENT CHANDIGARH AND OTHERS Vs. HARBHAJAN AND ANOTHER

JUDGEMENT

(1.) THE claimants here are the brothers of Hem Raj deceased, who was killed, when while sitting outside a dhaba, he was run over by the Haryana Roadways bus HYA -2712. This happened on February 22, 1980 near Manimajra in the Union Territory of Chandigarh. Negligence on the part of the bus -driver is writ large and no exception can, therefore, be taken to the finding of the Tribunal holding that the accident had been caused due to rash and negligent driving of the bus -driver.

(2.) THE matter that now arises for consideration is whether the award of Rs. 12,000/ -, as compensation to the two brothers of the deceased can be sustained . The claim for compensation was founded upon the assertion that the claimants were dependant upon the deceased. Keeping in view, however, the recent judgment of the Full Bench in Parkash Chand and Ors. v. Pal Singh and Ors. : (1985) 87 P.L.R. 538, the claim for compensation by brothers as dependents of the deceased must clearly fail. There is no claim, nor is there, evidence to show that there was any loss to the estate caused by the death of the deceased in this accident. This being so, the award of compensation to the brothers must accordingly be set aside.