SAMKIT LAMO Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) By this judgment two appeals being FAO Nos. 141 and 142 of 1997 are being disposed of since they arise out of the same accident.

(2.) The undisputed facts are that Padam Singh was employed with Indo Tibet Border Police. He was working as a Head Constable and drawing a salary of Rs. 2,271/- per month. He was married. His widow is Samkit Lamo. He had two minor children, Sumitra and Surinder. On the ill fated day on 19.4.1992 deceased Padam Singh alongwith his daughter Sumitra boarded a truck bearing No. CHK-5640 belonging to the Respondents. The truck rolled down into the river, Sutlej. Both Padam Singh and Sumitra Devi died in the accident. Their bodies were washed away and never found.

(3.) Samkit Lamo and Surinder being the heirs of deceased Padam Singh filed claim petition No. 9/S/2 before the Motor Accident Claims Tribunal (II), Shimla with regard to the death of Padam Singh. Out of this appeal FAO No. 142 of 1997 has arisen. Samkit Lamo being the mother of deceased Sumitra also filed claim petition No. 8/S/93 before the Motor Accident Claims Tribunal (II), Shimla out of which FAO No. 141 of 1997 has arisen. The Respondents admitted the death of Padam Singh, but took up the plea that Sumitra was not traveling in the truck. The parties led evidence. The tribunal after hearing the arguments passed an award of Rs. 1,96,400/- with regard the death of Padam Singh and an award of Rs. 25,000/- with regard to the death of Sumitra.