MUNICIPAL CORPORATION Vs. AJIT KAUR

JUDGEMENT

(1.) THIS order will dispose of FAO No. 743 of 1974 arising out of MACT Case No. 11 of 1984 titled as Smt. Ajit Kaur v. Municipal Corporation and FAO No. 744 of 1984 arising out of MACT Case No. 12 of 1984 titled as Smt. Chanchal Bhalla v. Municipal Corporation as both these claim petitions were disposed of by the learned Motor Accident Claims Tribunal, Amritsar (hereinafter referred to as 'the Tribunal') by one award dated 4-8- 1984.

(2.) SMT . Ajit Kaur, widow, along with her minor daughters and son filed a petition under Section 166 of the Motor Vehicles Act (for short 'the Act') claiming a compensation to the tune of Rs. 5,00,000/- (Rs. Five lac) on account of death of Lakhmir Singh, aged 45 years, who was working as an Assistant in the office of District Education Officer (Primary), Amritsar. He was said to be drawing a salary of Rs. 1187.50 whereas the other claim petition was filed by Smt. Chanchal Bhalla widow along with her daughters and sons as well as Leela Wanti, mother of the deceased Shri Dev Raj Bhalla, claiming therein a sum of Rs. 5,00,000/- (Rs. Five lacs) as compensation on account of death of Shri Dev Raj Bhalla in a motor vehicular accident. He was also working as an Assistant in the office of District Education Officer (Primary), Amritsar. It was alleged that Shri Dev Raj Bhalla aged 50 years was drawing a salary of Rs. 1262.50 per month. It was claimed that both the above mentioned persons were killed in a motor vehicular accident on account of rash and negligent driving of Bus No. PJE-5510 which was driven by Ajit Singh, respondent No. 3 and this bus belonged to Municipal Corporation.

(3.) ON the pleadings of the parties following issues were framed in the claim petition filed by Smt. Ajit Kaur and others :-