RABINDER KAUR Vs. SULEKH CHAND

JUDGEMENT

(1.) (Kuldip Singh J.) The appellants were claimants in MAC Petition No.45-NL/2 of 2002, decided by Motor Accident Claims Tribunal (II), Solan on 29th March, 2004, awarding Rs.2,40,400/- compensation to the appellants alongwith interest at the rate of 9% per annum from the date of filing of the petition till realization with the direction to apportion the award amount in the manner provided in para-23 of the impugned award. The appeal has been filed for enhancement of the compensation.

(2.) The facts in brief are that Gurdeep Singh driver of bus No. HP-12-4045 at about 6.45 p.m. on 6th October, 2002, was driving the bus rashly and negligently, he could not control the bus and struck against the motor cycle of Parkash Singh, who was coming from the opposite side. Parkash Singh suffered multiple injuries and died on his way to hospital. F.I.R.No.155 of 2002 was registered on 6th October, 2002, at Police Station, Nalagarh against respondent No.2. The deceased was employed as Drawing Teacher in Education Department and was drawing about Rs.9,340/- salary per month and was earning about 20,000/- from agriculture. The deceased was 42 years of age at the time of accident and his death. The respondent No.1 was the owner and respondent No.3 was insurer of the bus at the time of accident. The appellants filed claim petition claiming Rs.15,00,000/- compensation on account of death of Parkash Singh. The appellants are the wife and children of late Parkash Singh.

(3.) The respondent No.l has contested the petition by filing reply and denied the claim of the appellants. He has, however, pleaded that bus No.HP-12-4045 was insured with respondent No.3 for the period 21st September, 2002 to 20th September, 2003. It was denied that the bus was being driven rashly and negligently. The accident took place due to rash and negligent driving of motor cycle by deceased Parkash Singh.