S.K. BHATIA Vs. JASPAL SINGH MANN

JUDGEMENT

(1.) THE claimants are the father and mother of Rakesh Bhatia who died on account of an accident that took place on 30.1.1972 two kilometers from Kandaghat on Kalka-Shimla road. They feel aggrieved by the award of the Motor Accidents Claims Tribunal dated 15.1.1982 which allowed an amount of Rs. 5,000/- as compensation against their claim for Rs. 2,00,000/-.

(2.) THE allegation is that the deceased was a pillion rider with respondent No. 1 on motor cycle UPM 7737. It was owned by respondent No. 2 and was being driven by respondent No. 1 who was going from Shimla to Karnal. The accident, it is alleged, took place due to the negligence of respondent No. 1 which fact is contested. It is asserted that respondent No. 1 took the motor cycle unauthorisedly and without the permission and knowledge of respondent No. 2 who is the father of respondent No. 1. On driving and speed, it is alleged that the same was normal and cautious. As to the injury, it is alleged that while respondent No. 1 was negotiating the curve the deceased may have lost balance and fallen down and this fact was noticed when the vehicle was found light while driving.

(3.) ON the issue of negligence, the Tribunal concluded that the accident took place due to the negligent driving of respondent No. 1 and the deceased died as a result of the same. On the question of compensation, the Tribunal assessed the same at Rs. 5,000/-.