- (1.) BY way of present appeal, the claimants-appellants have challenged the award of the Motor accidents Claims Tribunal qua the quantum of compensation.
(2.) THE facts leading to the filing of the present appeal are that deceased Chuhar singh along with Dev Ram, Harbalas and krishan, was coming from village Passiana after purchasing the bullock-cart from sanuri Gate, Patiala on 26. 9. 1988. When they reached on the back of Passiana near military Area, bus No. PUC 3464 driven by Inderjit Singh, respondent No. 3, rashly and negligently came from Patiala side and struck against the deceased. As a result thereof, he died on the spot. On account of the accident, the claimants claimed the compensation to the tune of Rs. 10,00,000 on the ground that deceased was earning a sum of Rs. 3,000 per month from selling milk and Rs. 30,000 to Rs. 40,000 per year from the agricultural land. The respondents contested the claim and controverted the allegations and claimed that the accident had occurred due to negligence of the deceased as he was going in the centre of the road under the influence of liquor. It was also pleaded that the deceased was holding a rope of the buffalo and was moving from left to right without caring for the traffic on the road. The case of the respondents was that the deceased along with the buffalo went to the right side of the road and when the bus reached near them, the buffalo suddenly took left turn and ran towards the left side of the road by dragging the deceased. On the pleadings of the parties following issues were framed: " (1) Whether respondent Inderjit Singh caused motor accident on 26. 9. 1988 in the Military Area, Patiala on Sangrur-Patiala Road by his rash and negligent driving of bus No. PUC 3464? OPP (2) Whether Chuhar Singh died as a result of injuries received by him in the accident in question? OPP (3) Whether the claimants are entitled to compensation on account of death of chuhar Singh, if so, to what amount and from which of the respondent? OPP (4) Relief. "
(3.) THE learned Motor Accidents Claims tribunal decided issue No. 1 in favour of the claimants and held that the accident had occurred due to rash and negligent driving of bus No. PUC 3464 and on issue no. 2 it was pleased to hold that Chuhar singh died on account of injuries sustained by him in the accident.;