SUKHDEV SINGH @ SUKHA Vs. MANJIT KAUR

JUDGEMENT

(1.) SUKHDEV Singh, who was the driver-cum-owner of the offending tractor at the time of the accident, has filed this appeal against the award passed by the Motor Accident Claims Tribunal, Bathinda (hereinafter referred to as 'the Tribunal') on a claim petition filed by the respondents under Section 166 of the Motor Vehicles Act (herein after referred to as 'the Act'), whereby, they have been awarded Rs. 3,25,000/- as compensation with interest.

(2.) IN this case, on 26.6.2002, Jarnail Singh deceased along with others was coming to his village Chotian from Amritsar in a Maruti Car, which was being driven by him. At about 3.30 p.m., when he reached the area of village Harike, one Swaraj-735 Tractor, which was being driven by the appellant came from the opposite side in a zig zag manner and struck against the car of Jarnail Singh. As a result of which Jarnail Singh and other occupants of the car received multiple injuries. However, Jarnail Singh succumbed to his injuries at the spot. The accident was witnessed by Sohan Singh s/o Achhar Singh resident of village Harike, Sukhmander Singh son of Jarnail Singh and Dev Raj son of Karam Chand.

(3.) AFTER taking into consideration the evidence led by both the parties, the Tribunal has decided issue No. 1 with regard to the negligence in favour of the claimants, and it was held that the accident in question took place due to rash and negligent driving of the tractor trolla, which was being driven by the appellant. On issue No. 2 regarding quantum of compensation, the Tribunal has awarded Rs. 3,25,000/- to the claimants, who are widow and four children of the deceased, while taking monthly dependency of the claimants as Rs. 2,700/-, out of the carry home salary of Rs. 4,156/- of the deceased. As the deceased was 50 years of age, therefore, multiplier of 10 was applied. As the tractor was not insured, the driver, who was the driver-cum-owner of the tractor was held liable to pay the compensation.