PUNJAB STATE Vs. HARDEEP KAUR AND ORS.

JUDGEMENT

(1.) THIS appeal by the State Government has arisen in the following circumstances. A Government truck No. PNT -5598 of the P.W.D. (Buildings and Roads) collided on 22nd December, 1965, with scooter No. DLW 1500 in the area of Patiala cantonment about 9 -30 a.m. The collision resulted in the death of Gurdeep Singh who owned and was driving the scooter, and injuries to Miss Amarjeet Kaur who was sitting on its pillion teat It is alleged mat the deceased Gurdeep Singh was going on the scooter to his father Major Kehar Singh in the N.C.C. Camp in Patiala Cantonment on the fateful day when the truck driven rashly and negligently by Brij Mohan driver from the opposite direction struck against the scooter. Brij Mohan is said to have suddenly swerved his vehicle to his right and knocked down scooter No. DLW 1500 which was coming on its left side. - Gurdeep Singh died on the spot whereas Miss Amarjeet Kaur received injuries and became unconscious. Both of them were taken to the Rajendra Hospital, Patiala, by the N.C.C. Camp staff immediately. Gurdeep Singh died immediately after the accident, whereas Miss Amarjeet Kaur was admitted to the Hospital for treatment.

(2.) TWO claim applications, one jointly by Mrs. Hardeep Kaur mother of the deceased and Major Kehar Singh father of the deceased (C.A. No. 15/CT/66), and the other by Amarjeet Kaur (C.A. No. 48/CT/66) were filed. Both these applications have been disposed of by one order of the Motor Accidents Claims Tribunal, Punjab, dated 28th December, 1966, against which the present appeal has been preferred by the State Government, as owner of the vehicle.

(3.) UNDER Issue No. 1, the Tribunal came to the conclusion that it was Brij Mohan driver of the truck who was negligently and rashly driving his vehicle and was responsible for the unfortunate accident. As regards the quantum of compensation, the Tribunal was of the view that the parents of the deceased were entitled to a sum of Rs. 96,000/ -. There is no appeal in the matter of claim by Amarjeet Kaur before me, and the award of compensation to the parents of the deceased has been challenged in the present appeal.