RAKESH KUMAR Vs. PREM LAL

JUDGEMENT

(1.) THE two appellants are the son and the husband respectively of the deceased Maya Devi. They have come up in appeal before this court against the award dated 28.6.1986 of the learned Motor Accidents Claims Tribunal (II), Kangra at Dharamshala, whereby compensation of Rs. 24,000/- was awarded to them in respect of the death of deceased Maya Devi. The appellants have questioned the quantum of compensation as assessed by the learned Tribunal by averring that the compensation awarded is neither just nor adequate.

(2.) THE matrix of the case is this. The deceased Maya Devi, a young lady of 25 years of age, on 5.9.1985 was proceeding on foot to Civil Hospital, Dharamshala, from her village Sakoh. At the relevant time, she was accompanied by one Raj Kumari, a peon in the H.P. State Electricity Board. Both the deceased and Raj Kumari were walking on the left side of the road. When they had covered a distance of one furlong from their houses, bus bearing No. HPK 1465 belonging to respondent No. 1, while coming from Dharamshala side ran over the deceased Maya Devi and also caused injuries to Raj Kumari. Both these ladies were shifted to Civil Hospital, Dharamshala, where the deceased Maya Devi succumbed to the injuries sustained by her. Raj Kumari, however, had sustained only minor injuries.

(3.) THE claim petition was resisted and contested by the respondents. While the accident and the death of the deceased Maya Devi therein was admitted, it was averred that the accident was not as a result of the rash and negligent driving on the part of respondent No. 2, the driver of the bus. The accident took place as a result of sudden mechanical failure. It was explained that the right front wheel of the bus had come out, as a result of which the bus went towards the right side of the road, resulting into the accident.