KRISHAN LAL Vs. PHOOL SINGH

JUDGEMENT

(1.) THIS is an appeal against the award dated 10.5.1985 passed by the Motor Accident Claims Tribunal, Jind (for short the 'Tribunal') in MACT case No. 5 of 8.7.1984 vide which the claim petition filed by the appellant-claimants was ordered to be dismissed.

(2.) THE appellants-claimants filed a petition against the respondents claiming compensation to the tune of Rs. 40,000/- (Rs. forty thousand). It was pleaded in the claim petition that Sukhdev Singh deceased who was son of the appellant-claimants, was employed with the Post and Telegraph Department on daily wages and his monthly salary was Rs. 300/-. It was the case of the claimants that the Post and Telegraph Department had engaged a Tempo bearing No. HRJ 4379 for carrying telephone exchange machinery from Jind to Kilajafargarh. On 17th March, 1983, the said tempo, driven by Rajpal Singh, was going to Kilajafargarh and at that time Sub-Divisional Officer (Phones) and Junior Engineer (Phones) were sitting by the side of the driver while some labourers were standing at the back of the tempo. When this tempo crossed Jullana, its left rear wheel went off the axle, as a result of which Sukhdev Singh fell from the tempo and received serious injuries. It was claimed that the driver was driving the tempo rashly and negligently and at a fast speed. Sukhdev Singh was taken to Health Centre, Jullana, from where he was referred to Medical College Hospital, Rohtak, where he expired after five days. The age of the deceased at that time was 25 years. Consequently, a sum of Rs. 40,000/- was claimed as compensation.

(3.) ON the pleadings of the parties following issues were framed :-