JAMNA DEVI Vs. SURESH KUMAR

JUDGEMENT

(1.) THE claimants are in appeal aggrieved against the award of motor Accidents Claims Tribunal dated 17. 1. 1995, whereby a sum of Rs. 2,00,000 was awarded as compensation on account of death of Parmanand Aggarwal in a vehicular accident.

(2.) IT is the case of the claimants that on 3. 5. 1992, the deceased Parmanand aggarwal was riding scooter No. HR 01-B 2464 and was proceeding from Shahbad towards ambala on G. T. Road, when a Haryana roadways bus No. HNE 721, driven by respondent No. 1 came from behind, i. e. , kurukshetra side at a very high speed without following the traffic rules and struck against the scooter from behind. As a result of the impact, Parmanand Aggarwal as well as Mohit Gupta, pillion rider fell down on the road and both sustained serious and multiple injuries. Parmanand Aggarwal died and Mohit Gupta on account of his serious injuries filed a separate claim petition.

(3.) IT was the stand of the respondents in the written statement that the scooterist emerged from Shahbad side in a reckless manner without caring for other traffic on the road. The driver of the bus applied brakes in a controlled manner so as to avoid a big loss to the passengers travelling in it and took his bus to the left hand side, but the scooterist could not control and had a minor impact with the bus. As a result of the impact, the scooterist as well as the pillion rider fell down on the road and sustained injuries due to their own negligence and fault.