SARITA RANI Vs. NEERAJ KAURA

JUDGEMENT

(1.) THIS judgment will dispose of F.A.O. No. 635 of 1993 filed by the claimants and the other F.A.O. No. 613 of 1993 filed by owner of the offending vehicle.

(2.) JAGDISH Kumar since deceased was running a Stationery and Book Shop at Rajpura. He was travelling from Patiala to Rajpura on a Scooter bearing registration No. PAP-5328 with Adarsh Jain the pillion-rider. At about 11 a.m. on 10.7.89 when they reached near village Kheri on Patiala-Rajpura Road, one Maruti Van No. CHK-4842 which was coming from the opposite side and being driven rashly and negligently on the wrong side of the road, struck against the scooter. Jagdish Kumar and Adarsh Jain both received injuries and the former died on the spot. The scooter also received serious damages as well. A claim petition was, accordingly filed by the widow and the two minor children of the deceased and it was pleaded that he had been in the business of selling books and stationery for the last 13 years and had been earning about Rs. 2000/- per month on that account. The claim petition was filed against Neeraj Kaura and the Insurance Company at the initial stage.

(3.) ON the pleading of the parties, the following issues were framed :-