STATE OF HARYANA Vs. NEK PAL

JUDGEMENT

(1.) This appeal has been filed on behalf of the State of Haryana against the award of the Motor Accident Claims Tribunal whereby a sum of Rs. 79,800/- was awarded as compensation to the claimants on account of the death of one Net Ram.

(2.) The accident took place on 1st May, 1981. Net Ram, deceased was the owner of the truck which was being driven by one Om Parkash. Net Ram was at that time sleeping on the tools-box above the driver seat. When the truck reached Garhi Bolni Chowk, near village Kathuwas, at about 10.00 PM, a Haryana Roadways Bus No. HRC-6760 being driven by Randhawa rashly and negligently coming from the opposite direction struck against the truck. As a result of the impact. Net Ram was thrown off the truck and he received serious injuries, resulting in the death on the spot. The claimants pleaded that Net Ram was the sole bread-winner of the family and his net income was Rs. 1,000/- per month. He left behind a widow and ten children.

(3.) In the written statement filed on behalf of the respondents, it was pleaded that the accident was caused by the rash and negligent driving of the truck by its driver instead of the careless or rash driving on the part of the bus driver Randhawa, respondent No 1. It was further pleaded that Randhawa was not driving the bus while in the course of employment at the material time, and, therefore, the remaining respondents did not incur any liability. On the pleadings of the parties, the Tribunal framed the following issues :-