STATE OF HIMACHAL PRADESH Vs. DUMNA RAM

JUDGEMENT

(1.) THIS appeal arises out of the award of Motor Accidents Claims Tribunal, Mandi, in claim petition No. 71 of 1981, decided on 18.5.1982. The State challenges the findings of the Tribunal as to the rash and negligent driving by appellant No. 3 who was the driver of the truck No. HPM 776, at the relevant time and the quantum of compensation awarded to the claimants.

(2.) THE facts, in brief, are that the deceased Sarwan Kumar was the pillion rider with Som Nath, deceased, who was driving the motor cycle No. HPM 758 while coming to Kunu from Padhar in District Mandi on Mandi-Pathankot Road. Truck No. HPM 776 was coming from Mandi to Jogindernagar. The allegation is that the truck was coming at an excessive speed and its body struck the motorcyclists and they succumbed to the injuries instantaneously. It is stated that although the road was wide enough to enable two vehicles to pass, but the truck driver did not leave even a gap to enable the motor cycle to pass through. The dependants claimed compensation to the extent of Rs. 2,00,000/- from the appellants since the truck was owned by them.

(3.) THE Tribunal, on the pleadings of the parties, framed the following issues: