- (1.) The present appeal has been directed against the award dated 6.4.2009 passed by the Motor Accident Claims Tribunal, Mansa (in short "the Tribunal") whereby the claimants (respondent No. 1 and 3 to 8) have been awarded compensation of Rs. 11,63,904/- in regard to death of Malkiat Singh in a motor vehicular accident.
(2.) The facts relevant for disposal of the appeal are that as per allegations, on 17.6.2008 at about 7.45 p.m., Malkiat Singh was on his way to village Mula Singh Wala from Mansa on motor cycle bearing registration No. PB-31-E-0596 and he was followed by his brother Jagdev Singh on his own motor cycle. When Malkiat Singh reached near the pond of village Kotra Kalan, bus No. PB-11-N-0647 of Pepsu Road Transport Corporation (in short "PRTC") came from Bhikhi side and struck against the motor cycle of Malkiat Singh due to rash and negligent driving of the bus driver. The injured sustained serious injuries, taken to Civil Hospital, Mansa and then referred to Mediciti, Ludhiana where he died on 25.6.1998. FIR No. 76 dated 17.6.2008 was registered against Jasvir Singh (respondent No.1 therein) at Police Station, Bhikhi.
(3.) Malkiat Singh was aged about 42 years and was Head Constable in Punjab police. His last drawn salary was Rs. 12,129/-. The claimants prayed for grant of compensation to the tune of Rs. 35 Lakhs. Jasvir Singh filed reply and in turn, denied all the allegations that the occurrence in question took place due to rash and negligent driving of the bus in dispute with the averment that false criminal case has been registered against him. Respondent Nos. 2 and 3 (therein) also filed reply denying all the averments set up in the application with a prayer for dismissal of the claim petition.;