BANARSI DEVI Vs. HARYANA ROADWAYS

JUDGEMENT

(1.) THIS appeal has been preferred against the award dated 5.5.1988 given by the learned Member, Motor Accidents Claims Tribunal, Jaipur, (in short 'MACT') for the enhancement of the quantum of compensation.

(2.) BRIEFLY , the relevant facts are that on 3.7.1984 at about 7.15 a.m. deceased Brij Mohan Sharma, aged 41 years, was going on cycle from his brother's house situated in Govindnagar, Jaipur, towards Police Lines, Jaipur. When he reached in front of Kapoor Carpet Factory, Amer Road, bus No. HYR 3504, which was being driven by respondent Hari Singh and was owned by Haryana Roadways came from Jaipur city with high speed, went on its wrong side and dashed on Brij Mohan's cycle causing him severe injuries with the result that he died instantaneously. It is alleged that respondent Hari Singh was driving the said bus negligently and carelessly and that after running over the deceased, it also dashed with an electric lamp post, which was damaged. Dharmpal, AW 3, who had witnessed the said accident, reported the matter to the police through a written report, Exh. 1, whereupon Crime No. 79/84 was registered at the police station, Brahmpuri, Jaipur and after investigation a challan, Exh. 4, was filed against Hari Singh, the driver of the said bus.

(3.) THE learned MACT framed the following issues: