UNITED INDIA INSURANCE COMPANY LIMITED Vs. RAJ RANI

JUDGEMENT

(1.) APPELLANT -United India Insurance Company Limited has assailed the compensation award of Rs. 1,46,000/- given in favour of respondent-claimants Raj Rani, Surjit Kumar and Jaswinder Kumar in connection with claim petition No. 85 of 1993 decided on May 24,1995.

(2.) A brief resume of the facts is that on June 27, 1993, Jagdish Kumar deceased was going on Scooter No. DB-42-0355 to Patiala. Bhim Sain was sitting on the pillion seat. Surjit Kumar, brother of deceased Jagdish Kumar, was follow- ing him on his own scooter No. PB-11-7742 with his father Krishan Lal as pillion rider. When they crossed Bus Stand, Denthal, Truck No. PB-ll-C-5373 driven by Sukhwinder Singh alias Sukha Singh son of Dayal Singh of Majri, Samana, came from the opposite direction. Sukhwinder Singh alias Sukha Singh rammed his truck into the scooter of deceased Jagdish Kumar. Jagdish Kumar and Bhim Sain fell on the ground. Jagdish Kumar sustained multiple injuries and became unconscious. His scooter was also damaged. Surjit Kumar and Krishan Lal took Jagdish Kumar and Bhim Sain to Rajendra Hospital, Patiala, where both of them were got ad- mitted. Surjit Kumar lodged the F. I. R. at the Police Station, Samana. On July 4 1993, as condition of Jagdish Kumar became serious, he was taken to P. G. I. , Chan- digarh, where he breathed his last on the same day. Jagdish Kumar aged25 year, unmarried, was earning Rs. 2500/- per month by doing the business of selling foot- wears. It is alleged that claimant-respondent Raj Rani is his mother and claimant- respondents to Surjit Kumar and Jaswinder Kumar are his brothers. At the time of filing of the claim petition Jaswinder Kumar was minor. The claimants claimed Rs. 40,000/- for vehicular death of Jagdish Kumar. They also claimed Rs. 15,000/- spent on the treatment of Jagdish Kumar and Rs. 7,287/for repairs of the scooter.

(3.) MOHAN Lai, owner of the aforesaid truck, admitted that Sukhwinder Singh alias Sukha Singh son of Dayal Singh was driver of his truck on the relevant date, but he pleaded inter alia that the driver was driving his truck at a very slow speed and this accident took place due to rash and negligent driving of the scooter by the deceased.