SAWARAN KAUR Vs. MEHAR CHAND

JUDGEMENT

(1.) THIS is claimant's appeal for the grant of compensation.

(2.) THE background which led to the filing of this appeal is that the appellant Sawaran Kaur, who is the widow of one Bachan Singh, filed a claim petition under Sections 92-A and 110-A of the Motor Vehicles Act claiming a sum of Rs. 1,00,000/- as compensation on account of death of her husband Bachan Singh in a vehicular accident. The appellant had alleged in the claim petition that on 22. 9. 1986 her husband Bachan Singh (since deceased) and Tilak Raj were proceeding to Karnal from Samalkha in truck No. HYA 9487 which was being driven by Tilak Raj deceased at a very moderate speed. When the truck reached near village Siwah on the G. T. Road, bus No. HYG 2846, which was being driven in a rash and negligent manner by its driver Mehar Chand, respondent No. 1, was coming from the opposite direction on the wrong side of the road and hit the truck on its front side, As a result of the impact, Tilak Raj, driver of the truck, died on the spot, whereas Bachan Singh received multiple injuries. He was taken to Civil Hospital, Panipat, where he succumbed to his injuries. According to the appellant-claimant, the accident had taken place due to the fault of the driver of the bus, Mehar Chand. As such, the respondents are liable to pay compensation to the claimant on account of death of Bachan Singh.

(3.) IN the written statements filed by the State of Haryana and Mehar Chand, driver of the bus, the allegations made in the claim petition were denied.