MANMOHAN SINGH Vs. GOPAL SINGH

JUDGEMENT

(1.) MANMOHAN Singh, appellant has filed the instant appeal feeling dissatisfied against award dated April 8, 1997 whereby the claim petition preferred by him bearing MACT No. 21 of 1995 was dismissed by the Motor Accident Claims Tribunal, Karnal (for brevity, 'Tribunal'). Briefly stated, the facts contained in the claim petition are that Veerawali, aged about 80 years died in a road accident which took place on December 21, 1994 when Bus No. HR -37 -1642 being driven by respondent No. 1 - Gopal Singh in a rash and negligent manner dashed into a truck bearing No. HNS -2855. FIR No. 758 dated December 21, 1994 was also registered against him under Sections 279 and 304 -A IPC. Subsequently, the claim petition was dismissed.

(2.) THE contention of learned counsel for the appellant while assailing the impugned award is that though the learned Tribunal rightly came to the conclusion and observed that the accident took place on account of rash and negligent driving of the offending bus by its driver Gopal Singh but at the same time failed to appreciate the well settled provisions of law that even if the claimant was not dependent but admittedly is her legal heir, he was entitled to a sum of 50,000/ - on account of no fault liability under Section 140 of the Motor Vehicles Act, 1988 (for short, 'the Act') but the learned Tribunal has not even granted the said relief and the observations in this regard deserve to be reversed.