SUDAMA DEVI Vs. KEWAL RAM

JUDGEMENT

(1.) THIS judgment shall dispose of the afore-stated two appeals, the first filed by the claimants-appellants for the enhancement of compensation and the second filed by the Pepsu Road Transport Corporation, the owner of the bus, for dismissal of the claim petition, arising out of one and the same award dated 8. 3. 1990, rendered by the Motor Accidents Claims tribunal, Patiala, relating to the same accident.

(2.) ON 7. 12. 88, Chander Wali deceased, his wife Sudama Devi and Munshi Ram her brother had come to see off his (Chander Wali's) sister and her husband and they were waiting for a bus near New Corner hotel, Patiala. A bus bearing No. PUV 2423 reached there and the conductor of the bus was repeating time and again that the same was going to Nabha and at this chander Wali, deceased stepped into the bus from its front side door, but Sudama devi, however, could not board the same. Since Sudama Devi could not board the bus, he requested the conductor to stop the same, as a result whereof, it was stopped for a while, in between the railway gate no. 18 and the crossing near New Corner hotel, Patiala. At that time, Chander Wali tried to get down from the bus, but Kewal ram, driver of the same, started it at once, without ensuring that he had actually got down therefrom. On account of the rash and negligent act of the driver of the bus, chander Wali fell down from the bus and sustained injuries. When he was being taken to the hospital, he died on the way.

(3.) AT the time of the accident and death of Chander Wali, he was aged about 25 years. He was a labourer and was also running a tea stall. His monthly income was rs. 2,100, Sudama Devi, widow; Durga devi and Laxmi Devi, minor daughters; rajiv Kumar and Ranjit Kumar, minor sons of Chander Wali were completely dependent upon him for their livelihood. Accordingly, a petition under the Motor vehicles Act, claiming compensation in the sum of Rs. 5,00,000 was filed.