RAJINDER SINGH JASBIR SINGH Vs. PAWAN KUMAR

JUDGEMENT

(1.) ON 18th June, 1980, Ram Niwas, who was on scooter No. CHD-5459, was run over by truck No. CHW-7177, owned by M/s Rajinder Singh, Jasbir Singh and driven by Ram Prit on the inter-section between sectors 29 and 30. Ram Niwas died at the spot as he suffered numerous injuries in the accident. The truck hit him from the front left side and dragged him to quite & distance and inspite of the call given by the clearner, the truck was not stopped and was driven away.

(2.) YOUNG widow and a minor s on of six months and parents of the deceased filed claim application before the Motor Accident Claims Tribunal, Chandigarh, (for short 'the Tribunal'), to claim compensation of Rs. 5,00,000/-. Another claim application was filed by Pawan Kumar owner of the scooter to claim compensation for damage to the scooter. The insurance company of the truck was also impleaded besides the owners and driver of the truck. The owners and driver of the truck contested the petition and blamed the deceased. The insurance company denied their liability as the driver did not have the licence.

(3.) ON the evidence led in the case, the Tribunal, by award dated 28th April, 1982, awarded Rs. 1,44,000/- as compensation to the widow and minor child of the deceased after recording a finding that the annual income of the deceased was Rs. 1200/- per month, out of which Rs. 600/- per month was considered as the dependency and the multiplier of 20 years was applied. To Pawan Kumar, Rs. 3615.16 were awarded for damage to the scooter.