S GURCHARAN SINGH Vs. S KULDIP SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by Motor Accidents Claims Tribunal, Jammu, on 17 -3 -1986 in File No. 85/claim, whereby compensation in the sum of Rs.1,40,000/ - has been held payable by the appellant to the respondent together with interest at the rate of 6 percent per annum from 9 -9 -1983 till the date of payment.

(2.) BRIEF facts giving rise to this case are that on 3 -8 -1983 Smt. Rajinder Kour deceased was accompanied by PWs -Neelam Kumari and Uma Devi. All three of them were going to answer the call of nature. While they had reached village Shahdulla South wards in the direction of R. S. Pora, according to respondent, Motor -cycle bearing registration no. PUG -2174 struck against the deceased resulting in causing fracture of her legs besides having caused injuries to one of the three ladies, namely Uma Devi. This motor -cycle was being driven by the appellant -Gurcharan Singh, who came on the wrong side of the road that too without blowing the horn. Deceased was stated to be eight months pregnant and had a female feotus. Immediately after injuries had been sustained by Smt. Rajinder Kour she was removed in a truck to R. S. Pora hospital and from there she was brought to Government Medical College, Jammu, finally on the next date i.e. 4 -8 -1983 Smt. Rajinder Kour succumbed to the injuries. The deceased at the time of accident was employed as a school teacher in Government Primary School, Pagwara, and her salary, according to respondent was Rs. 700/ - per month and was aged 24 years. In this background compensation in the sum of Rs. 6, 62,000/ - was claimed against which above noted compensation was granted with costs of Rs.500/ - by the Tribunal below.

(3.) THE claim petition came to be contested and resisted by the appellant who amongst other things while denying the ownership of the motor cycle on the date of accident also denied that he was driving the same and much less having caused accident which resulted in the ultimate death of Smt. Rajinder Kour.