- (1.) The present appeal has been filed by Ravinder Kaur (widow), Ravneet Kaur (minor daughter) and Gurbax Singh (minor son) of Gurbhej Singh Sidhu (since deceased) challenging the award dated 05.12.2000, passed by the learned Motor Accident Claims Tribunal, Bathinda (for brevity, 'the Tribunal') whereby a compensation of Rs. 16,12,800/- only along with interest @ 12% per annum from the date of filing of the petition till realization was granted in favour of the appellants and against the respondents.
(2.) Though the accident in question is not in dispute, but to link the present judgment, it is necessary to give the brief description of the entire case. Gurbhej Singh Sidhu (since deceased) was serving as Sub-Divisional Officer/Assistant Electrical Engineer with the Punjab State Electricity Board and was posted at Sub-Division, Ferozepur Cantt. At the time of his death, he was drawing the salary of Rs. 18,420/- per month. On 28.06.1997 at about 8:00 p.m., Gurbhej Singh, alongwith Balwinder Singh and Partap Singh was going to Gurudwara Shri Nanaksar Sahib in a Maruti car, bearing Registration No. PB-05-E- 0313, which was owned by Saraj Singh and Rakesh Kumar (respondent Nos. 1 and 2, respectively). The said car was being driven by Baj Singh son of Behal Singh. Mehal Singh, Sarpanch, Harbans Singh, Mohinder Singh and Rachhpal Singh were following the above said Maruti car, in a Jeep driven by Mahal Singh. At about 9:00 p.m., when the above said vehicles reached Ferozepur-Ludhiana Road, then a truck, bearing Registration No. PUU-2943 was found parked with its parking lights 'on' by the side of the road. Since the Maruti car was being driven in a rash or negligent manner, at a very high speed and without observing the traffic rules, and while passing the truck, it (Maruti car) hit the rear portion of the parked truck with great velocity. Resultantly, Gurbhej Singh Sidhu and Baj Singh, Driver of the Maruti car, received multiple injuries and died on the spot. The other occupants of the Maruti car, namely, Balwinder Singh and Partap Singh, also sustained multiple injuries and were admitted in the Medical College and Hospital, Ludhiana, where Baj Singh was also declared brought dead. The accident was witnessed by Mahal Singh, the driver of the Jeep and Harbans Singh, Mohinder Singh and Rachhpal Singh, occupants of the jeep, which was following the ill-fated Maruti car,. The matter was reported to the police and after registration of the FIR, the autopsy on the corpus of Gurbhej Singh Sidhu was conducted.
(3.) After collecting the papers, the appellants filed the claim petition alleging that Gurbhej Singh Sidhu was aged about 40 years at the time of his death; all the claimants were dependents on his earnings; in addition to his regular job, Gurbhej Singh Sidhu (since deceased) was also earning about Rs. 2,000/- per month from his agricultural land, measuring about 20 acres; and that in view of bright career of Gurbhej Singh Sidhu, he could have reached up to the post of Chief Engineer, Punjab. The appellants claimed Rs. 36,35,600/- as compensation.;