V.S. Aggarwal, J. - (1.) THIS is an appeal preferred by Shiv Ditta Mai and Smt. Pushpa Rani W/o Shiv Ditta Mal, hereinafter described as 'the appellants' directed against the award of the Motor Accident Claims Tribunal, Kurukshetra, dated 18.12.1985. By virtue of the impugned order, the learned Tribunal had awarded compensation of Rs. 35,400/ - to the appellants against the respondents payable jointly and severally. They were also held entitled to interest at the rate of 12% per annum from the date of filing of the petition i.e. 19.12.1983 till realisation.
(2.) THE relevant facts alleged are that the appellants in the claim petition had asserted that they are parents of deceased Rajesh Malhotra who died on 26.6.1981 at 11.30 p.m. at Shahbad -Pipii Road as a result of accident between Haryana Roadways Bus No. HRX 1631 and trolley truck No. TMU 4379. The bus was proceeding from Chandigarh to Charkhi Dadri. The deceased was travelling in the bus. The trolley tractor was approaching from the opposite direction. The deceased was about 18 years of age and working as a Salesman at the shop of a cloth merchant and was earning Rs. 400/ - per month. Besides, he was earning Rs. 200/ - per month from supply of leather materials. It was asserted that the trolley truck was loaded with iron bars. Both the vehicles were being driven at a fast speed in a rash and negligent manner. The rear right side of the bus struck against the iron bars towards the rear of the truck and the window panes of the bus smashed. Rajesh Malhotra died as a result of the injuries received. The petition as such was contested by the New India Assurance Company Limited as well as the State of Haryana. The State of Haryana in the written statement admitted the accident in question but denied the assertions of the appellants in the claim petition. It was their defence that a truck trolley came from Pipli side loaded with accessories of iron for Thermal Plant at Ropar. The iron bars loaded on the truck trolley were bulging out. The driver of the bus used dipper and took his bus to kacha portion of the road. However, the truck driver swerved the truck trailer towards the bus as a result of which a passenger sitting on seat No. 44 who had kept his head outside the bus received the injuries and died. In this process, the blame was put on the driver of the truck trailer for rash and negligent driving.
(3.) THE New India Assurance Company Limited in a separate written statement denied its liability to pay the compensation. It was denied that there was any rash or negligent driving on the part of the driver of the truck trailer/truck trolley.;