NARINDER KAUR Vs. JAGAN NATH

JUDGEMENT

(1.) THESE are two appeals (FAO Nos. 7 and 8 of 1982) and the corresponding two Cross-objections (No. 1-CII and 3-CII of 1982) having arisen from the award dated December 4, 1981, of Shri R.K. Synghal, Motor Accident Claims Tribunal, Sangrur. The facts giving rise thereto are these.

(2.) HANS Raj deceased on the main seat and Ram Chand PW on the pillion seat were riding motor-cycle No. PNC-5383 on a road at about 6 P.M. on August 22, 1978. From the front side came truck No PJC-4922 driven by Mehar Singh respondent allegedly at a very fast speed, being driven in a rash and negligent manner. The truck struck against the motor-cycle head-on despite the motor-cyclist having gone to its extreme left hand side of the road. After sticking against the motor-cycle the truck struck against a shisham tree and then fell in a ditch. The motor cycle fell down as also its riders. Both the riders received serious injuries. Hans Raj died in the hospital on September 17, 1978, as a result of the injuries sustained by him due to the accident. Ram Chand, however, survived. The mother, widow and minor children of Hans Raj deceased filed one claim application and Ram Chand injured filed the other. In the first one, the claim laid was to the tune of Rs. 1,50,000/- and in the second one the claim laid was for only Rs. 25,000/-.

(3.) THE Motor Accident Claims Tribunal under the impugned award granted a sum of Rs. 28,200/- in all to the mother and minor children of Hans Raj deceased because his widow had died during the pendency of the proceedings and her estate had fallen to her minor children. Ram Chand injured was awarded a sum of Rs. 36,000/- for the body loss suffered despite the fact that the sum claimed by him was Rs. 25,000/-. The liability was put on Narinder Kaur owner for the learned Tribunal took the view that the alleged agreement to sell, Mark 'A', had neither been properly proved nor had the property in the truck passed over to Pardaman Singh, though Pardaman Singh as RW-2 owned the responsibility of having owned the truck. Narinder Kaur, however, did not appear before the Tribunal to depose one way or the other and the case as set up by her was based just on her pleadings and the statement of RW-1 Joginder Singh, her son Aggrieved against the award, Narinder Kaur has filed FAO Nos. 7 and 8 of 1982 and dissatisfied with the award are the claimants who have filed Cross-objections Nos. 1-CIIand