LAJPAT RAI Vs. KARNAIL SINGH

JUDGEMENT

(1.) ON 16-7-1979 at about 6 30 P.M. Dav Raj was driving Rajdoot Motorcycle on which Kanwar Bhan was a pillion rider. When they were near the gate of the Food Corporation of India Godown situate on the Sirhind Patiala road within the town of Patiala, truck No. PUV-3140 driven by Karnail Singh owned by Sardara Singh Fauji, struck the motorcycle as a result of which Dev Raj died at the spot and Kanwar Bhan received serious injuries on the leg. Kanwar Bhan filed an application before the Motor Accident Claims Tribunal to claim rupees one lac as compensation for the injuries etc. and the widow and parents of Dev Raj deceased filed separate application to claim Rs. 2-1/2 lacs. As both these applications arose out of one and the same accident, they were consolidated and tried together.

(2.) WHILE the claimants put the blame on the truck driver the truck driver put the blame on the driver of the motor cycle. On the contest of the parties, the following issues were framed.

(3.) FIRST adverting to the appeal of the parents of the deceased, the deceased was earning Rs. 400/- to Rs. 500/- per month as stated by the widow and mother of the deceased respectively. When the father of the deceased would have become old and infirm and would not have been able to earn his son would have maintained him and his wife (mother). Hence, I am of the view that the amount of Rs. 8,000/- awarded to the parents of the deceased by the Tribunal is much too less. Therefore, on the peculiar facts of this case, I am of the opinion that it would meet the ends of justice if Rs. 20,000/- are awarded to the parents of the deceased and I order accordingly.