BAKHSHISH KAUR,J - (1.) WITH this order, I proceed to dispose of FAO No. 585 of 1982, FAO No. 646 of 1982 and Cross-objection No. 19-CII of 1983 and FAO 585 of 1982.
(2.) CHANDA Devi Jain widow, her minor children and Smt. Mangi Devi Jain mother of Sh. Padam Chand Jain deceased had filed a petition under section 110-A of the Motor Vehicles Act for grant of compensation of three lacs. Padam Chand Jain a lad of 25 years died in a motor accident. He was businessman. He was earning Rs. 2000/- per month.
(3.) THE accident took place between the car, in which Padam Chand Jain was travelling and the truck driven by Ram Chander. Both the vehicles were insured but the factum of accident is totally denied by Ram Chander driver. According to him the he was not driving the truck at the time of accident. The case set up the claimant is that the accident took place due to rash and negligent driving on the part of Ram Chander, Driver of the truck. The above controversy gave rise to the following issues framed by the learned Tribunal : 1 - Whether Padam Chand Jain died in an accident caused due to rash, negligent and careless driving of truck No. MRU 254 and car No. DLE 3972 ? 2 - If Issue No. 1 is proved, whether the claimants are entitled to any compensation ? if so its quantum and from whom and in what proportion ? 3 - Relief. Both the issues were answered in favour of the claimants and against the respondents. The learned Tribunal gave a specific finding that the accident took place due to rash, negligent and careless driving of the truck driver which has resulted into the death of Padam Chand Jain. The claimants being the dependants of deceased Padam Chand Jain were awarded compensation of Rs. 1 lac by the learned Motor Accident Claims Tribunal vide impugned judgment but they were not satisfied with the amount allowed, therefore, they have preferred this petition.;