LAKHBIR SINGH Vs. REKHA DEVI

JUDGEMENT

(1.) THE challenge in appeal here is to the Award of Rs. 1,80,000/- to the widow and minor children of Thorn Ram deceased, who was killed when he was run over by his own track PBJ-3665 which had been parked on the road side when the truck UTX-7637 came from behind and hit into it The standing truck was pushed ahead thereby and It then ran over Thorn Ram, deceased. This happened at about 11. 30 P. M. on June 8, 1982 on the Khanaa Ludhiana Road It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of tie truck UTX-7637. A sum of Rs. 1,80,000/- was taken awarded as compensation to the claimants.

(2.) IN appeal now, an attempt was, in the first instance made to question the finding of negligence recorded against the driver of the truck UTX-7637. The appellant is clearly barred from doing so keeping in view the fact that no appeal has been filed in the connected claim application arising out of the same accident, where a similar finding on the issue of negligence had been recorded. It may be clarified here that two claims for compensation arising out of this accident had been field before the Tribunal one by the parents of Pal Singh deceased, who was the cleaner of the truck PBJ-3665 and the other by the present claimants, namely; the widow and children of Thoru Ram deceased, it was the finding in both these claims that the accident had been caused, due to the rash and negligent driving of the truck UTX-7637. Mo appeal having been filed in the claim pertaining to the death of Pal Singh, this finding becomes final and it cannot, therefore, be allowed to be re-opened in appeal here. The finding on the issue of negligcnce has thus to be confirmed.

(3.) THE main contest here is with regard to the quantum of compensation payable to the claimants. The evidence on record shows that Thoru Ram deceased was about 35 years of age at the time of his death. He died leaving behind his 28 years old widow-Rekha Devi and two minor sons-one aged nine and the other seven. All the claimants were wholly dependant upon the deceased.