SURJIT KAUR Vs. UJAGGAR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award dated 15-6-1984 made by the Motor Accident Claims Tribunal, Patiala (for short "the Tribunal"), deciding a claim application filed by the appellants under Section 110-A of the Motor Vehicles Act. The appellants claimed compensation on account of the death of Mastu son of Kishna, husband of appellant No. 1, and father of appellants Nos. 2 to 8, which was caused in an accident involving bus No. PUC-3240 driven by Ujagar Singh respondent No. 1, and owned by the Pepsu Road Transport Corporation, Patiala, respondent No. 2. The grievance of the appellants is that the compensation awarded by the learned Tribunal is grossly inadequate.

(2.) ON 7-9-1982 at about 6 P.M. Mastu deceased and his son Ram Singh appellant No-. 2 were coming on the road on their respective bicycles from Zirakpur. Bus No. PUC-3240 being driven by respondent No. 1 came from behind from Chandigarh side on a very rash speed. When the deceased was on the turning near village Khijargarh the bus dashed against his bicycle. He sustained injuries on his head and fell on the ground. He succumbed to the injuries on the spot. His body was carried to the Civil Hospital, Rajpura, where post-mortem examination was conducted. First information report was also lodged with the police. The deceased left behind his widow appellant No, 1, three sons appellants Nos. 2 to 4 and four daughters appellants Nos. 5 to 8, who made the claim application before the learned Tribunal alleging that the death of Mastu was caused because of rash and negligent driving of the bus by respondent No. 1. The respondents denied the allegations made in the claim application which led to the framing of the following issues by the learned Tribunal:

(3.) I have heard the learned Counsel for the parties. I do not find any ground to differ with the findings recorded by the learned Tribunal on issues Nos. 1 and 2.