OM PARKASH BHATIA Vs. JAGIR SINGH

JUDGEMENT

(1.) THIS judgment will also dispose of F.A.O. No. 508 of 1983 as both these appeals have arisen out of the same award dated 23rd May, 1983 passed by the Motor Accident Claims Tribunal, Karnal.

(2.) THE accident between the truck and the car had taken place on G.T. Road between Panipat and Samalkha on 13th November, 1981 at about 2 P.M. The occupants of the car were Baldev Raj Bhatia, aged 63 years, and Sanjay Bhatia, aged 19-1/2 years. Both of them had died in the accident in question. Baldev Raj Bhatia was engaged in the business of manufacturing and fabrication of steel products. He was also a partner in a few partnership concerns including a Joint Hindu Family concern. His yearly income was stated to be Rs. 76,000/- in the claim petition. Sanjay Bhatia was a B.A. student having already cleared Part-1 examination. His parents Om Parkash Bhatia and Smt. Sudarshan Bhatia claimed a sum of Rs. 50,000/- as compensation; whereas the widow and the son of deceased Baldev Raj Bhatia claim a sum of Rs. 2 lacs as compensation. The manner of accident as described in para 24 of the claim petition reads as under: The accident took place on November 13,1981 at about mid-day in the circumstances as detailed in FIR No. 201 dated 13-11-1981 registered at Police Station Samalkha lodged by Om Parkash son of Surat Singh resident of Dahar, Tehsil Panipat, an eye-witness. Copy of the FIR No. 201 is attached. Briefly the facts are that the deceased was in the company of Shri Baldev Raj Bhatia of Panipat who was the elder brother of the husband of the deceased's father's sister. Both of them left Delhi in Car No. CHA 1144 owned and possessed by Shri Baldev Raj Bhatia. Shri Baldev Raj Bhatia was on the wheel driving the car while the deceased was the only other occupant seated by his side on tbe front seat, when the car arrived at a place short of a road block set up by the Engineering Deptt. incharge of the road, in half of the Width of the road, for some construction work, which was in progress; the remaining half of the road a little less than half had been left open for the passage of traffic. The ear was slowed down in order to negotiate the said block diversion. From the opposite side, truck No. JKQ 1463 driven by Jagir Singh respdt. No. 1 came at a reckless speed, and although the driver of the car, which had arrived at the entrance of the diversion of the road, blew his horn and gave the light signal, the driver of the truck ignored the signal and continued to push on accelerating the speed, in a bid to pass through the diversion ignoring the fact that the car of the deceased had already entered the threshold of the diversion and acting in rash, reckless and negligent manner the truck dashed against the front of the car in a head on collision, with the result that the car was smashed and the occupants including the deceased received serious injuries resulting in their deaths in Civil Hospital, Panipat.

(3.) ON the pleadings of the parties, the Tribunal framed the following issues: