LAWS(HPH)-2001-11-23

KOKLA DEVI Vs. CHET RAM

Decided On November 13, 2001
KOKLA DEVI Appellant
V/S
CHET RAM Respondents

JUDGEMENT

(1.) Kokla Devi, appellant, preferred petition under section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), for grant of compensation. This was claimed on account of death of her son Mohinder Singh Chauhan. This petition has been dismissed by the learned Tribunal below, hence this appeal by her.

(2.) Facts on which parties were not at variance at the time of hearing of this appeal need to be briefly noted.

(3.) Gypsy bearing registration No. HP 09-0929 was owned by Chet Ram, respondent No. 1. It met with an accident on 20.5.1997 when deceased was going to his native place from the place of his work. It was deceased who was driving it. At about 8 p.m. at Kainchi more near Koku Nala because of some mechanical defect it rolled down the road. This resulted in the death of Mohinder Singh Chauhan. In this background a claim petition was filed by the appellant on the plea that she, her daughter and a son were dependent on the deceased for their livelihood. Her further case was that the deceased was earning Rs. 12,000 per month by working in partnership as a contractor with the brother of Chet Ram, respondent No. 1.