Amol Rattan Singh, J. - (1.) This is an appeal filed by the insurance company that had insured bus bearing No.PB-06-E-2838, owned by respondent No.6 herein. The appeal impugns the Award of the learned Motor Accident Claims Tribunal, Gurdaspur, dated 01.11.2014, by which a sum of Rs. 6,80,000/- has been awarded as compensation to respondents No.1 to 4 herein, who were the claimants before the Tribunal, in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988.
(2.) The facts leading upto the filing of the claim petition, as taken from the impugned Award, are that Jaswant Singh, i.e. the late husband of respondent No.1, son of respondent No.2 and father of respondents No.3 and 4, was going on his motorcycle from Batala, to his village, Shahpur Goraya, along with one Bashir Masih as his pillion rider, on 01.06.2013. His brother Jagmit Singh and one Gurbachan, are stated to have been following them on another motorcycle. At about 1:00 PM, when the deceased reached near King Palace, Kalanaur, the "offending vehicle", i.e. bus bearing registration No.PB-06-E-2838, is stated to have come from the side opposite side, driven by respondent No.5 herein (respondent No.1 before the Tribunal), allegedly in a rash and negligent manner, which came on the wrong side of the road and struck against the motorcycle of the deceased, resulting in serious injuries. Both, Jaswant Singh and Bashir Masih, were taken to Civil Hospital, Kalanaur, where Jaswant Singh was declared dead and Bashir Masih was referred to the Civil Hospital at Gurdaspur. On the statement of Jagmit Singh, an FIR was also registered against respondent No.5. In the claim petition, it was claimed that Jaswant Singh was 41 years of age and was earning Rs. 15,000/- per month by running a dairy farm and by doing agricultural work. A compensation of Rs. 15,00,000/- was claimed.
(3.) The driver and owner of the "offending vehicle" (present respondents No.5 and 6), filed a joint written statement denying the accident completely but further stating that the accident actually took place due to the negligence of the deceased himself, who struck against the bus, by coming to the wrong side on his motorcycle.;