USHA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is the claimants' appeal challenging the award of the Motor Accidents Claims Tribunal, Ludhiana whereby their claim petition was dismissed by the Claims Tribunal holding that there was no loss to the estate of the deceased Naresh Kumar and, therefore, the claimants were not entitled to any compensation.

(2.) THE brief facts of the case which are necessary for the disposal of this appeal are that on 24.1.1984, Naresh Kumar, (deceased) died in a motor vehicle accident caused by rash and negligent driving of Pritam Singh (respondent No. 3), driver of bus No. PBP 3740 belonging to respondent No. 2. THE deceased was alleged to be earning Rs. 2,500 per month from his business at Malerkotla.

(3.) AFTER perusing the evidence on record, the Tribunal held that Naresh Kumar (deceased) died on account of rash and negligent driving of the respondent No. 3. However, on the question of quantum of compensation, the Tribunal found that there was no loss to the estate of the deceased as Usha Rani, his wife stepped into his shoes after his death and, therefore, it cannot be said that she suffered any financial loss and held that claimants were not entitled to any compensation.