G.C.GARG,J - (1.) THIS appeal is directed against the order of the Motor Accidents Claims Tribunal dated November 26, 1984, whereby respondents 1 and 2 have been awarded a compensation of Rs. 3,84,000/- for the death of their son Jaspal Singh who while driving car bearing registration No. PUK 6 died in a road accident with a Punjab Roadways bus.
(2.) THE facts as emerge from the record are that on October 22, 1983, Jaspal Singh was driving Car No. PUK-6 and was on his way from Moga to Chandigarh. Four other persons, namely, Smt. Dhan Kaur (PW1), Rajinder Singh (PW2), Lal Singh and Joginder Singh were also travelling in the said car. When the car reached near village Gharaun, a Punjab Roadways bus bearing registration No. PJA-926 came from the opposite side at a very high speed and struck into the car in its right hand side. As a result of this ghastly accident, Jaspal Singh and Lal Singh died at the spot whereas Joginder Singh died later in the hospital. The car was completely damaged. Though it is apparent from the record that as many as four separate claim petitions under Section 110-A of the Motor Vehicles Act were filed claiming different amounts of compensation by the respective claimants for the death of Jaspal Singh, Lal Singh and Joginder Singh, but this appeal relates to the case of Jaspal Singh only. On the claim petition filed by the parents of Jaspal Singh, it was alleged that the accident had taken place due to rash and negligent driving of the driver of the bus. Jaspal Singh who was aged 22 years at the time of accident was serving as a Director in the Chandigarh Paper Board Mills Limited. He was also a partner of M/s. New Allied Capital Industries, Chandigarh. He was earning a sum of Rs. 10,000/- per month from the aforesaid sources. He had wide experience in the manufacture of paper and paper boards and thus, had a very bright future. The claimants-respondents 1 and 2, herein, were wholly dependent upon him, who claimed a compensation of Rs. 10,65,000/- i.e. rupees ten lacs for the death of Jaspal Singh, rupees 50,000/- on account of damages to the car and Rs. 15,000/- under section 92-A of the Act. It was also alleged by the claimants that they being the legal representatives of the deceased, were entitled to compensation from the appellants, the owners of the bus and respondents No. 3 Jagir Singh, its driver.
(3.) THE stand taken by the appellants and respondent No. 3, the driver before the Tribunal was that the bus was being driven at a normal speed but suddenly right front wheel of the bus burst and the bus could not be controlled which struck against the car coming from the opposite side with a very high speed. According to the respondents, the accident had taken place due to mechanical defect, bursting of tyre and rash and negligent driving of the car. After going through the pleadings of the parties, the following issues were framed by the Tribunal: 1. Whether the accident in question in which Jaspal Singh sustained fatal injuries was caused by rash and negligent driving of bus No. PJA-926 by its driver respondent No. 3 Jagir Singh, as alleged ? OPP 2. Whether the claimants are legal representatives of the deceased ? If so, to what amount of compensation, are they entitled and from whom ? OPP. 3. Relief. After considering the entire evidence led by the parties, the learned Tribunal found that the only conclusion that could be arrived is that the accident in question was the result of rash and negligent driving of bus No. PJA-926 by its driver Jagir Singh respondent No. 3. Accordingly, a sum of Rs. 3,84,000/- was awarded as compensation to respondents 1 and 2, the parents of Jaspal Singh, by taking monthly dependency at Rs. 2000/- and applying a multiplier of sixteen.;