ARJUN SINGH Vs. GURBACHAN SINGH AND OTHERS

JUDGEMENT

(1.) These two appeals are directed against the award and decree dated 25-11-92 passed by the Judge, Motor Accident Claims Tribunal, Sri Ganganagar, in Claim Petition No. 16 of 1990, by which the learned Judge of the Tribunal awarded a sum of Rs. 70,000.00along with interest @ 12% per annum.

(2.) The facts of the case are that Balraj Singh, aged about 22 years, was a student of B. A. He, on motor-cycle No. PUW 487 was going from Sri Karanpur to Ganganagar side. When he reached in front of Gyan Jyoti College Hostel, a tractor tolly bearing No. RJI 151, driven rashly and negligently by its Driver Arjun Singh, came from the opposite side and hit the motor-cycle. Balraj Singh received several injuries which were grievous in nature and on account of these injuries, he died at the spot. The motor-cycle was, also, completely damaged. This motor-cycle was belonging to Gurbachan Singh. Gurbachan Singh (the owner of the motor-cycle and cousin of Balraj Singh filed the Claim Petition No. 103 of 1983 (Gurbachan Singh Vs. Arjun Singh for the award of compensation amounting to Rs. 10,000.00 for the damages caused to his motor-cycle. Smt. Gurdeep Kaur and Indra Singh the mother and father of deceased Balraj Singh filed the Claim Petition No. 104 of 1983 for the award of compensation amounting to Rs. 7,00,000.00. As both the claim petitions arose out of the same incident, therefore, the learned Judge of the Tribunal, by its order dated 14-5-87, ordered for consolidation of both the claim petitions and recorded the evidence in Claim Petition No. 103 of 1983.

(3.) The claimants, in support of their case, examined eight witnesses while the defendants examined two witnesses in their defence. The learned Judge of the Tribunal, by its Award dated 25-11-91 dismissed the claim petition filed by Gurbachan Singh, i.e., Claim Petition No. 103 of 1983 but awarded the compensation of Rs. 70,000.00 to claimants Gurdeep Kaur and another. It is against this Award that the driver of the tractor and the State of Rajasthan have filed these two appeals.