LAWS(P&H)-2018-7-172

PUSHPA & OTHERS Vs. GURDIAL SINGH & OTHERS

Decided On July 04, 2018
Pushpa And Others Appellant
V/S
Gurdial Singh and Others Respondents

JUDGEMENT

(1.) This is an appeal preferred by the claimants/appellants seeking enhancement of compensation.

(2.) Briefly noticed, the claimants preferred a claim petition under Section 166 of the Motor Vehicles Act on account of death of Yash Pal Sharma in a motor vehicle accident. Claimants were the widow and two minor children of deceased Yash Pal Sharma.

(3.) Claimants had asserted that Yash Pal Sharma was serving as a Postman in Post Office Sector-18, Chandigarh and on 15.10.1998 deceased was going from Post Office Sector-18, Chandigarh on a bicycle to his village Raipur Khurd. At about 4:45 P.M., when he reached between villages Hallomajra and Raipur Khurd, a truck bearing registration No.PB-12-C1333 driven by respondent No.1/Gurdial Singh (driver) in a rash and negligent manner came from behind and struck against the bicycle of Yash Pal Sharma and on account of which he fell down and received grievous injuries. Yash Pal Sharma was removed to PGI, Chandigarh but he succumbed to the injuries suffered on the following date i.e. 16.10.1998. FIR No.117, dated 15.10.1998, under Sections 279/337 IPC was registered with Police Station Sector-31, Chandigarh. Deceased was stated to be 37 years of age on the date of accident. Deceased serving as a Postman was claimed to be in a permanent job and was drawing salary of Rs.4500/- and in addition thereto, earning Rs. 1500/- per month from tuition work. He was stated to be the sole bread earner of the family. Offending truck was stated to be owned by respondent No.2 i.e. M/s Mulkh Raj Harjinder Kumar and was insured with respondent No.3/the New India Insurance Company.