STATE OF PUNJAB Vs. MEHAR DEVI

JUDGEMENT

(1.) THIS is an appeal arising out of an award of the Motor Accidents Claims Tribunal, Chandigarh, passed in Claim Petition Nos. 58 and 59 of 1981.

(2.) IN Claim Petition No. 58 of 1981, Mehar Devi, widow, along with her minor daughters and sons, and Krishni Devi, claimed compensation on account of the death of Havildar Nathu Ram Sharma, the deceased husband of Mehar Devi and father of the minor claimants and son of Krishni Devi. In Claim Petition No. 59 of 1981, only Mehar Devi claimed compensation as the mother of Bhupinder Sharma deceased. Common questions of law and fact arose in both the petitions, hence the Tribunal recorded evidence in Claim Petition No. 58 and disposed of both the petitions vide the impugned order dated 1. 10. 1982. However, the State has preferred the present appeal only against the award arising out of Claim Petition No. 58 of 1981.

(3.) THE claimants averred that the deceased Havildar Nathu Ram Sharma, aged 52v2 years and his son Bhupinder Sharma, aged 11 years, were standing at the "request Bus Stop" on Chandigarh-Ambala Road, opposite the Air Port Chowk, on the berm of the road waiting for the bus. Bus bearing registration No. PUR 6857, driven by Narinder Singh respondent, came at a high speed from Chandigarh side. The driver suddenly swerved the bus to the extreme left and hit the deceased who were standing on the extreme left of the road on the berm. Nathu Ram Sharma deceased was dragged to a distance of about 25 ft. when the bus struck a telephone pole and fell down on its right side in a deep pit. Bhupinder Sharma also got injured and died later in the hospital. It was stated that Nathu Ram Sharma deceased was in the Army service and was drawing Rs. 893. 52 as monthly salary at the time of his death. Thus, a claim of Rs. 2,50,000/- by way of compensation was made. In the connected Claim Petition No. 59 Mehar Devi claimed Rs. 50,000/- as damages for the loss of her son.