GURDEEP KAUR Vs. TARSEM SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of the aforesaid two appeals, arising out of the common award dated 7. 10. 1992, rendered by the Motor accidents Claims Tribunal, Karnal, whereby the Claim Petition No. 27 of 1989/103 of 1992 was partly allowed and compensation, in the sum of Rs. 25,000, with interest at the rate of 12 per cent per annum from the date of filing the same was granted whereas Claim Petition No. 26 of 1989/104 of 1992 was dismissed.

(2.) THE facts of Claim Petition No. 27 of 1989/103 of 1992 are that on 2. 5. 1989, the claimant No. 3, namely, Vikram Singh, was driving tractor No. HYM 651, attached with trolley loaded with wheat and was going from Ambala towards Nilokheri for unloading the same at the Nilokheri Grain market and when he reached near nilokheri, a signal was given for turning the tractor towards the right hand side of the road. The tractor had crossed the road and reached the unmetalled portion of the road when the bus No. DEP 9640, being driven rashly and negligently by Tarsem Singh, respondent No. 1, came from the opposite direction, i. e. , from the side of Karnal and hit the tractor-trolley in the middle, as a result whereof, the hook of the trolley got broken and the tractor was dragged to some distance. In that process, Sukhdev Singh one of the occupants of the trolley fell down on G. T. Road and was crushed under the wheels of the aforesaid bus, resulting into his death at the spot. It was stated that sukhdev Singh was an agriculturist and a dairy farmer aged about 45 years at the time of his death and his monthly income was Rs. 3,000. Gurdeep Kaur, widow; shingara Singh and Vikram Singh, sons of sukhdev Singh deceased, being his legal heirs, claimed compensation in the sum of rs. 5,00,000 on account of the death of sukhdev Singh, as they stated that they were dependent upon him.

(3.) IN Claim Petition No. 26 of 1989/104 of 1992, Gurdeep Kaur, widow of Sukhdev singh deceased, claimed compensation in the sum of Rs. 20,000 on account of the damage caused to the tractor-trolley in the aforesaid accident.