JAMNA DASS Vs. MOHAN LAL

JUDGEMENT

(1.) THIS judgment will also dispose of F.A.O. No, 485 of 1983 as both these appeals have arisen out of one and the same award of the Motor Accidents Claims Tribunal Hoshiarpur, (hereinafter called the Tribunal) dated April 19, 1983.

(2.) ACCORDING to the claimants, on January 8, 1982, Paramjit, deceased, and Bakshi Ram, injured, were returning to their village from village Cholang situated on the Jullundur-Pathankot Road. It was about 6.30 P.M. The said Paramjit and Bakshi Ram were going ahead of Jamna Dass and Balwant Ram. Paramjit, deceased, was the son of Jamna Dass while Bakshi Ram, injured, is the nephew of the said Jamna Dass. They were jointly running a shop at Chalong. They all were going on foot on the kutcha portion of the road when a bus came from the side of Jullundur driven at a very fast speed without blowing any horn and hit against Paramjit who further hit Bakshi Ram. The bus driver did not stop the bus and speeded it away. Both the injured were admitted to the civil hospital, Jullundur, Paramjit died whereas Bakshi Ram recovered after remaining admitted to the hospital for about 7 or 8 days. Jamna Dass, the father of Paramjit, deceased, filed claim petition claiming compensation to the tune of Rs. 1,50,000/- on the plea that Paramjit was about 22-1/2 years old and used to run a tubewell repair shop. He had a monthly income of about Rs. 2000/-. It was also pleaded that the bus involved in the accident had registration No. PBN-8015, which was coming from Jullundur to Pathankot and was being driven by Mohan Lai, respondent, rashly and negligently. Bakshi Ram, injured, filed a separate claim petition in which an amount of Rs. 50,000/- was claimed as compensation on the plea that he was running tubewell business and was earning Rs. 1,000/- per month before the accident. After the accident his earning capacity had been reduced to one-half. According to him, Jamna Dass and Balwant Ram had eye-witnessed the occurrence. The bus driver had neither blown the horn nor had applied brakes to avoid the accident.

(3.) THE learned Counsel for the claimants-appellants submitted that the very next day, i.e., January 9, 1982, first information report, Exhibit P.2, was recorded at the instance of Bakshi Ram, injured PW 4, in which he had given the bus No. as well as the name of the driver. In this behalf, Jamna Dass also appeared as PW 5 and Balwant Ram appeared as PW