DARSHAN KUMARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANTS-CLAIMANTS have filed this appeal against the award dated 13. 8. 1996 passed by Motor Accidents claims Tribunal, Hoshiarpur, granting an amount of Rs. 25,000 only to them, on account of death of Tirath Singh, husband of appellant No. 1 and father of appellant nos. 2 and 3.

(2.) IT is an admitted fact that at the time of the accidental death, Tirath Singh was employed with the respondent State as a deputy Director, Animal Husbandry Department and was posted at Hoshiarpur. On 11. 10. 1994, he was returning from chandigarh in a government jeep bearing no. PNH 7944 that vehicle met with an accident and caught fire. Deceased received injuries, due to which he died thereafter. It was allegation of the appellants that the accident had occurred on account of rash and negligent driving of the said jeep by its driver.

(3.) IN the reply, factum of accident was admitted. It was, however, averred that the driver had been driving the jeep only at a speed of 35 to 40 kmph. He was neither negligent nor rash, as alleged. The accident had occurred, when front wheel tyre suddenly burst. It was further averred that the tyres of the jeep were in good condition. It was prayed that application for compensation, filed by the appellants, be dismissed.