M.M.Kumar, J. - (1.) The Pepsu Road Transport Corporation, the owner of the offending bus No. PUC 3451 has approached this Court under Section 110-D of the Motor Vehicles Act, 1939 (for brevity 'the Act'), challenging the award dated July 30, 1986 passed by the Motor Accident Claims Tribunal, Patiala, (for brevity 'the Tribunal). The Tribunal has recorded categoric finding that the accident was caused on 1.6.1989 by the offending bus when it rammed into the scooter of the deceased Naresh Kumar on account of rash and negligent driving of the bus by its Driver Khem Singh- respondent No. 5. In support of the aforementioned finding, the Tribunal has made a reference to the statement of AW5 Hari Chand who was an eye- witness of the accident, Dr. P.K. Sharma, AW3 and Parveen Kumar, AW1, photographer who had proved Exs.A1 to A3. The statement made by Driver- respondent Khem Singh (RW1) has also been taken into account.
(2.) The Tribunal has further held that the claimant- respondents who are widow, a minor son, a minor daughter and his aged mother were entitled to recover Rs. 1,92,000/- minus the amount of Rs. 15,000/- as no fault compensation, if it was paid already. The income of the decease was assessed to be Rs. 1,000/ per month and accordingly, the award of Rs. 1,92,000/- by applying the multiplier of 16 was given in favour of the claimant- respondents. The deceased Naresh Kumar was aged about 30 years at the time of his death and he was working as Goldsmith. He also had extra departmental Branch Post Master.
(3.) It is appropriate to mention that when the matter came up for consideration before the Motion Bench on October 30, 1987, the appellant was directed to deposit Rs. 1 lac along with interest at the rate of 12% on or before 30.11.1987 with the Tribunal. The aforementioned amount appears to have been deposited and the appeal was admitted on 7.12.1987.;