SECRETARY MINISTRY OF Vs. AMAR KAUR

JUDGEMENT

(1.) MANSA Ram deceased was serving as Palled ar with Barara Marketing-cum-Processing Co-operative Society Ltd., on its truck No. HRA 9998. The deceased was being paid by the Society per bag rate for the work of loading and unloading of its truck aforesaid. On 2nd June, 1981 around 9-30 p no. while the truck was returning to Barara after unloading of fertilizer bags by the deceased at the Sales Depot Saha, deceased Mansa Ram was sitting on the toolbox of the truck aforesaid. There was a telephone wire hanging loose on the way. Mansa Ram struck against it while sitting on the toolbox of the truck and through the impact fell down in the body of the truck and died instantaneously.

(2.) THE deceased is survived by his widow Smt. Amar Kaur, two daughters named Jaswant Kaur and Raj Kaur and three sons named Nirmal Singh, Swam Singh and Kulbir Singh. All the three sons and two daughters of the deceased being minors. Smt. Amar Kaur widow of the deceased filed Motor Accident Claims Petition No. 14 on 19th September, 1981 for herself and as natural guardian of her minor children for the recovery of Rs. 40,000/- (rupees forty thousand only) as compensation for the death of the deceased. Deceased was stated therein to be 38 years of age at the time of his death and was given out to be earning Rs. 1,600/- per mensum as Palledar of the Co-operative Society owning the truck. The truck owned by respondent No. 1 Barara Marketing-cum-Processing Co-operative Society Ltd., being insured with the National Insurance Company Ltd., and the telephone wire hanging loose on the way being the property of the Union of India, the Society, the Insurance Company and the Union of India were impleaded as respondents in the claim petition.

(3.) FEELING aggrieved from the award of the learned Motor Accident Claims Tribunal dated 7th February, 1983, all the three respondents viz (i) the Union of India; (ii) Co-operative society owning the truck; and (iii) the Insurance Company have come up in appeal to this Court. F.A.O. No. 390 of 1983 is filed by the Union of India and F.A.O. No. 392 of 1983 is jointly filed by the Co-operative Society and the Insurance Company. Both the appeals being against the same award, have been heard and are being disposed of together.