SMT. KRISHNA Vs. JASBIR SINGH

JUDGEMENT

(1.) This appeal has been preferred by the claimants, namely, Smt.Krishna and Aman Kumar who are widow and son respectively of deceased Ram Pal, against the award dated 7.4.2001 passed by the Motor Accident Claims Tribunal, Karnal.

(2.) Briefly stated, it is case of the claimants-appellants that on 3.11.1998 deceased Ram Pal was going on the left side of the road when he was struck down by a truck bearing No.HYK-3975 driven by respondent-Jasbir Singh Rajpoot in a rash and negligent manner. FIR No.488 dated 3.11.1998 (Ex.P1) was registered. The instant claim petition was preferred by the appellants on the ground that the deceased had died due to the rash and negligent driving of the said driver. According to the claimants the deceased was having good physique; he was cultivating land and also running a milk diary; and his total income was Rs. 4500.00 p.m. It is further added in the claim petition that due to untimely death of Ram Pal, they have suffered mental pain and agony and have remained with no source of income because the deceased was the the only bread winner and that they have been totally ruined. The claim petition was contested by respondents No.1 and 2, who had denied the factum of accident and the remaining averments of the petition were denied. The Insurance Company has also denied the factum of the accident, albeit, they alleged that driver of the vehicle was not holding a valid and effective driving licence. However, the factum of insurance of the truck was admitted.

(3.) From the pleadings of the parties, learned Motor Accident Claims Tribunal, Karnal (hereinafter to be referred as, 'the Tribunal') framed the following issues:-