KAM SINGH AND ORS. Vs. SUBHASH CHANDER

JUDGEMENT

(1.) THIS is appeal by claimants, whose claim petition filed under Section 110 -A of the Motor Vehicles Act, 1939 (in short - "the Act") stand dismissed by learned Motor Accident Claims Tribunal, Ambala vide impugned award dated 16.4.1992.

(2.) CLAIMANTS ' version is that on 25.11.1988 at about 9.45 a.m. Balbir Singh since deceased was going on Hero Majestic No. HRX -3086. After crossing bridge of Kali Paltan, he reached GT Road for going towards Ambala Cantt. Respondent Subhash Chander came driving his scooter No. HNE -8720 rashly and negligently and hit the vehicle of Balbir Singh from behind. Resultantly, Balbir Singh suffered multiple injuries and became unconscious. He succumbed to his injuries on way to hospital. The accident occurred due to rash and negligent driving of the scooter by the respondent. The claimants are two sons and a widow of the deceased. They are his legal heirs and were dependent on his income. The deceased was drawing monthly pension of Rs. 536/ - and was also agriculturist earning about Rs. 1,500/ - per month. On these allegations, claimants demanded compensation of Rs. 2,00,000/ -.

(3.) THE claimants filed replication controverting the pleas raised by the respondent and reiterated the allegations made in the claim petition.