GOPAL SINGH Vs. MANJIT KAUR

JUDGEMENT

(1.) THIS appeal by Gopal Singh, the alleged owner of the offending vehicle station-wagon No. DLL-8898, is directed against the award dated 4-8-1982 made by the learned Motor Accident Claims Tribunal, Amritsar, (hereinafter called 'the Tribunal'), deciding together two claim applications under Section 110-A of the Motor Vehicles Act, 1919.

(2.) ON 27-9-1976 Jagir Singh and his son Gurdev Singh were returning on their cycles from Majitha town to their village Golewali Gurdev Singh and his wife Manjit Kaur were on one cycle while Gurcharan Kaur, wife of Jagir Singh and Dilawar Singh, minor son of Gurdev Singh, were on the other cycle of Jagir Singh. Dilawar Singh was in the lap of Gurbachan Kaur. Station-wagon No. DLL-8898 came from the opposite direction at about 10 A.M. on the wrong side of the road and struck against both the cycles near village Rori. All the cyclists were run over by the vehicle which was being driven by Maddi alias Sant Parkash respondent No. 5 rashly and negligently. Gurdev Singh succumbed to the injuries sustained by him in the accident and died in the hospital at Amritsar on the same day. Others were also admitted to the hospital and received treatment for their injuries. They, however, survived the accident. Two claim applications were filed before the learned Tribunal--one by Jagir Singh for damages amounting to Rs. 10,000/- on account of the injuries sustained by him in the accident and the other by Manjit Kaur, Gurbachan Kaur and Dilawar Singh--wife, mother and the minor son respectively of Gurdev Singh deceased for compensation on account of his death. They claimed Rs. 2 lacs as compensation on account of monetary loss to them as a result of the death of Gurdev Singh.

(3.) BEING aggrieved against the said award, Gopal Singh appellant has preferred this appeal. He also moved CM. No. 2002-CII of 1986 under Order XVIII, Rule 17-A, read with Section 151, Code of Civil Procedure, for adducing in evidence Daily Diary No. 6 dated 3-10-1976 of Police Station, Majitha, to establish that Sant Parkash alias Maddi respondent was driving the vehicle at the time of accident. Cross-Objections No. 22-CII of 1983 have been filed by claimant-respondents Manjit Kaur and Dilawar Singh minor. Their grievance is that the compensation awarded by the learned Tribunal is inadequate.