NIRMALA PURI Vs. GURMEL SINGH

JUDGEMENT

(1.) BY this judgment we dispose of L.P.A. No. 21 of 1987 titled Smt. Nirmala Puri v. Gurmel Singh and others and the Cross Objections Nos. 13 of 1987 filed by Pepsu Road Transport Corporation (for short 'PRTC') as the L.P.A. and the cross objections have arisen from the judgment dated 9.10.1986 passed by the learned Single Judge in F.A.O. No. 384 of 1983.

(2.) BRIEF facts of the case are that Smt. Nirmal Puri, Ashok Kumar Puri, Krishan Kumar Puri and Rajiv Puri filed a claim petition under Section 110-A of the Motor Vehicles Act, 1939, against Gurmel Singh Driver and Pepsu Road Transport Corporation, Patiala through its General Manager, and claim compensation amounting to Rs. 1,50,000/- for the death of Shri Roshan Lal Puri, who died in a motor vehicle accident, which took place on 2nd April, 1981 at Patiala. It was alleged by the claimants before the Tribunal that on 2nd April, 1981 at about 10.45 A.M. the deceased Roshan Lal Puri was going on a bicycle and was going on the Mall Road, Patiala, from the side of District Courts towards the side of Fawara Chowk and when the deceased had just crossed the Mandir of Kali Devi and was proceeding on the correct side of the road, bus No. PBP-3573 belonging to the PRTC appeared there and it was being driven rashly and negligently by Shri Gurmel Singh respondent. The bus came from the side of Chowk Fawara. The driver did not slow down the vehicle and while crossing the chowk in front of the building of the State Bank of Patiala, he lost control of the vehicle and brought the vehicle on the wrong side of the road and hit the bicycle of the deceased, which was crushed under the right wheel of the bus, as a result of which Roshan Lal Puri deceased was thrown on the road and he thereby sustained serious injuries on the head and other parts of his body. Later on these injuries became fatal after a few hours. According to the claimants, the accident was witnessed by Constables Ishar Singh and Mastan Singh of Division No. 4, Patiala, Mrs. Kiran Saxena and Yog Ram Architect. After causing the accident, the driver fled away from the place of accident by leaving the bus at the spot. F.I.R. No. 98 dated 2nd April, 1981 was registered in Police Station Civil Lines, Patiala. It was alleged by the claimants that the deceased was born on 11th February, 1927 and was about 54 years of age, and was earning Rs. 1100/- per month as he was employed as Inspector Wireless Traffic, Northern Railway, Amritsar. With the above averments, the claim petition for the award of Rs. 1,50,000/- was filed.

(3.) WITH the above pleadings of the parties, the Motor Accident Claims Tribunal framed the following issues :-