KAUSHALAYA DEVI Vs. DARSHAN SINGH

JUDGEMENT

(1.) THIS appeal filed on behalf of the claimants is directed against the award of Motor Accident Claims Tribunal, Patiala, dated 13-5-1983, whereby the claim petition was dismissed.

(2.) THE claim petition has arisen out of an accident which took place on 20-1-1981 at 12.00 p.m. and resulted in the death of Miss Madhu Bala Mittal, aged 16 years, a student of Prep-Medical. Her parents filed the present claim petition, alleging that on 26-1-1981, Miss Madhu Bala was coming from the side of women college to her house on a bicycle, Miss Vijay Kumari was also coming on her cycle along with Miss Madhu Bala. When she and Vijay Kumari reached near the statue of Sewa Singh Thikriwala on the Mall Road, Patiala, Darshan Singh, respondent No. 1 who was driving truck No. PBN 6123 rashly and negligently came there and struck against the bicycles of Madhu Bala and Vijay Kumari. Madhu Bala sustained injuries in the said accident. She was removed to the hospital where she died after four days. It was further stated that they have suffered loss due to the death of Miss Madhu Bala. They also spent a sum of Rs. 5,000/- on her treatment. Thus, they have claimed a sum of Rs. one lac by way of compensation. The petition was contested by the owner of the truck and the Insurance Company. According to them, truck No. PBN-6123 was not involved in the accident and Miss Madhu Bala deceased died because of her own negligence. On the pleadings of the parties, the learned Tribunal framed the following issues:

(3.) I have heard the learned Counsel for the parties and have also gone through the relevant evidence on record.