PRITAM KAUR Vs. MOHAR SINGH AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by Shrimati Pritam Kaur claimant against the award of the Motor accidents Claims Tribunal Gurdaspur, dated June 21, 1972, dismissing her claim for the recovery of Rs. 50,000/-.

(2.) Briefly, the facts are that Mohar Singh driver was driving truck bearing No. PNO 4961 from Pathankot towards Dina Nagar on September 19, 1969 at about 4 or 5 P.M. Inderjit Singh aged about 12/13 years was going on his cycle from the side of Dina Nagar towards Pathankot carrying 5 kilograms of wheat flour on his carrier. It is alleged that when the truck came near the deceased. It was being driven on the right side of the road rashly and negligently. It is further alleged that on account of rash and negligent driving of the driver the truck struck against Inderjit Singh, who fell down from the cycle and received serious injuries. On account of the injuries he died at the spot.

(3.) Gian chand and Amit Chand were going ahead of Inderjit Sigh deceased at that time on bicycles. After the deceased was hit by the truck, they turned round and found that the deceased had been struck by the truck and he was lying on the road. It is further alleged that the truck stopped at a distance of 60 yards from the place of accident. Gian Chand left Amir Chand at the place of accident and himself went to village Ladpalwan and informed Sewa Singh, the uncle of the deceased about the accident and death of the deceased. Shrimati Pritam Kaur claimant filed petition for recovery of Rs. 50,000/- as compensation on February 5, 1970.