LAWS(P&H)-1986-5-19

GUDDI Vs. CHARAN SINGH

Decided On May 13, 1986
GUDDI Appellant
V/S
CHARAN SINGH Respondents

JUDGEMENT

(1.) ON March 31, 1980, there was an accident between a car PUF 4016 and a motor cycle PBM 230 at 8-30 p. m. on Moga-Ludhiana road in the area of village Mehna, The two vehicles were coming in opposite directions. The car was being driven by Charan Singh, the owner of the car, which was insured with Oriental Fire and General Insurance Co. Ltd. and the motor cycle was driven by Surinder Pal Singh. Surinder Pal Singh suffered injuries as a result of which he died on the following day in C. M. C. Hospital, Ludhiana. He was 26 years old and was employed as a sectional officer in the irrigation branch under the Punjab Government and was getting a monthly salary of Rs. 831. 30. His parents, widow and minor daughter filed claim application before the Motor Accidents Claims Tribunal for an award of Rs. 1,34,000. The matter was contested on which the following issues were framed : 1. Whether the claimants are the heirs and legal representatives of Surinder Pal Singh, deceased, and were dependent upon him at the time of his death ?

(2.) WHETHER the accident was caused by the rash and negligent driving of car No. PUR 4016 by Charan Singh, respondent No. 1, and the deceased, Surinder Pal Singh, suffered injuries in that accident as a result of which he died ?

(3.) IF issue No. 2 is proved, whether the applicants are entitled to claim compensation ? If so, how much and from whom ?