CHARANJIT KAUR Vs. PARMINDER SINGH

JUDGEMENT

(1.) Charanjit Kaur and her minor son Ladi alias Gurpreet Singh have filed this appeal against the award dated February 23, 1984 delivered by Motor Accident Claims Tribunal, Patiala vide this award, Charanjit Kaur appellant was allowed a sum of Rs. 38,400/- and Ladi a sum of Rs. 19,200/-.

(2.) Bhupinder Singh deceased was accompanied by Jarnail Singh and Ramanjit Singh in Truck No PBP 5031. They were going towards Patiala side. The truck was parked on the road side near village Muradpur on Rajpura - Patiala road on July 25, 1981. Bus No. PBP 3692 belonging to Pepsu Road Transport Corporation and driven by Parminder Singh respondent came from the side of Rajpura deriven rashly and negligently. The bus hit the truck. Bhupinder Singh, who was repairing his truck, suffered injuries and died. Some passengers in the bus also suffered injusrices. The present claim application was filed by Charanjit Kaur, widow of Bhupinder Singh deceased, and their son Ladi. They alleged that the accident took place on account of rash and negligent driving of bus by Parminder Singh respondent. Bhupinder Singh aged about 22 years, was working as a driver of the truck and his income was Rs. 1,000/- per month. The claimed compensation amounting to Rs. 3 lacs. The respondents, Parminder Singh as well as Pepsu Road Transport Corporation, contested the claim by filing written statements. According to them, the accident did not take place due to rash and negligent driving of the boy by Parminder Singh. However, it was stated that Parminder Singh was driving the bus. A car was coming from the opposite direction with headlights on along with two search-lights on. Because of the dazzling light, Pariminder Singh could not see the truck parked as visibility was diminished. When he was very close to truck, he noticed it and tried to avoid the accident. However, left portion of the bus hit on the right side rear portion of the truck. Despite best efforts, the accident could not be avoided. The amount of compensation claimed was also disputed. Since the truck was also insured, written statement was filed by New India Assurance Company. However, their liability was not more than Rs. 50,000/-. The following issues were framed by the Motor Accident Claims Tribunals :-

(3.) Under issue No. 1, it was held that Bhupinder Singh died in the accident which was caused due to rash and negligent driving of bus by Parminder Singh respondent. Under issue No 2, Truck No. 5031 PBP was held to be insured with respondent. No 4. Under issue No. 3, the claimants were held entitled to compensation, as stated above. It may be stated that in this award, compensation was also allowed to the passengers of the bus who had suffered injuries.