- (1.) This is appeal by claimants Karamjit Kaur and others against the award dated 09.11.2012 passed by Motor Accident Claims Tribunal, Patiala (later referred to as 'the Tribunal'), dismissing the petition claiming compensation for the death of Gurmeet Singh (later referred to as 'the deceased') in a motor accident which took place on 12.05.2009 with TATA- 1109 vehicle bearing registration No.PB-11V/6889 (later referred to as 'the offending vehicle').
(2.) The claimants have given the details of the accident in para 24 of the claim petition, which reads as follows:- "That on 12.5.2009 the deceased Gurmeet Singh was coming to his village on his Bajaj Chetak Scooter No.PB- 10-AB-9475 from Samana. Lakhwinder Singh s/o Faqir Singh resident of village Bamna Basti, Tehsil Samana, District Patiala was also following the deceased on his motorcycle. The deceased Gurmeet Singh was driving his scotter on his correct left hand side at a normal speed. At about 7.15 PM, when the deceased reached in the revenue limits of Village Bamna Basti (T-point village Kularan Samana and Bhawanigarh), in the meantime a Tata Canter bearing No.PB-11-B-6889 came from Bhawanigarh side driven by respondent No.1 in a rash and negligent manner with very high speed, without observing the traffic rules, came from the front side of the scooter (i.e. the offending vehicle is plying on its right hand side) and hit against the scooter of the deceased. As a result of which deceased Gurmeet Singh fell down and received multiple injuries on his person, which proved fatal and caused his death. The occurrence was witnessed by Lakhwinder Singh and Ram Pal son of Ralla Singh R/o New Grain Market, Samana, District Patiala who were present at the spot. The matter was reported to the police and an FIR against unknown person was lodged by P.S. Samana, District Patiala in order to escape the main accused. However, a criminal complaint against respondent No.1 i.e. driver of the offending vehicle, is also pending in the court of Sh. Kuldeep Singh, Sub Divisional Judicial Magistrate, Samana. The post mortem examination on the dead body of deceased was conducted at Civil Hospital, Samana. The driver of the Tata Canter No.PB-11-B-6889 is the sole author of the accident. As the accident took place due to rash and negligent driving of the driver of Tata Canter as such all the respondents are jointly and severally liable to pay compensation to the claimants."
(3.) The claimants alleged that the deceased, aged 37 years, was doing private job and his own business, thereby earning Rs. 12,000/- per month. The claimants were dependent on the deceased and claimed compensation of Rs. 30 lacs.;