VINOD K.SHARMA, J. - (1.) THIS is an appeal against the award dated 28.4.1998 passed by the Motor Accidents Claims Tribunal, Chandigarh (for short 'the Tribunal') in MACT Case No. 28 of 4.6.1996. The claimants are the father and mother of the deceased, Sukhwinder Singh who died in a road accident on 1.5.1996. It was the case of the claimants that on 1.5.1996 at about 8.30 P.M., a tractor trolley bearing No. PBV-6239 was going from the side of fields towards Mullanpur on the correct side of the road. Sukhwinder Singh was sitting on the right side mud-guard of the tractor. One bus bearing registration No. CH-01-G-5517 came from the opposite side while being driven at a high speed rashly and negligently by Harpal Singh and then the bus suddenly turned towards the wrong side and hit the tractor trolley from its front side. At the time of the accident, the tractor was between street light pole No. 118-119. On account of the impact, Sukhwinder Singh fell down from the tractor-trolley. As a result thereof, he received multiple injuries. He was taken to the hospital where he was declared brought dead. It was claimed that the accident occurred due to the negligent and rash driving of the bus No. CH-01-G-5517 by Harpal Singh. Sukhwinder Singh was stated to be aged 18 years and self-employed. It was claimed that he was doing the business of welding in village Dhanas, U.T, Chandigarh.
(2.) THE petition was contested by respondent No. 2, in which it was claimed that right wheel of the tractor had struck against the bus adjacent to the diesel tank on account of loss of control by the driver of the tractor. Negligence on the part of the bus driver was denied. It was further claimed that a false FIR was got registered against Harpal Singh, respondent No. 3. It was also claimed that the driver of the tractor was not having a valid driving licence and that tractor was not insured. A further plea taken by the respondent was that there was no provision for the persons to travel on the tractor and therefore, the claimants were not entitled to any compensation. Respondent No. 1 denied the averments made in the claim petition for want of knowledge. However, it was ascertained by respondent No. 1 also that the accident occurred due to the rash and negligent driving of the tractor by its driver.
(3.) ON the pleadings of the parties, following issues were framed : 1. Whether Sukhwinder Singh died because of the rash and negligent driving of the Bus No. CH-01-G-5517 by respondent No. 2 in the area of Village Dhanas ? OPP. 2. If issue No. 1 is proved, whether the claimants are entitled to claim compensation ? If so, how much and from whom ? OPP. 3. Relief. On Issue No. 1, the learned Tribunal came to the conclusion that the accident had occurred due to the rash and negligent driving of Bus No. CH-01-G-5517 which resulted in death of Sukhwinder Singh. However on Issue No. 2, learned Tribunal assessed the compensation payable at Rs. 1,02,600/-. The interest at the rate of 12% was also ordered to be paid on the compensation which was payable from the date of application till realization. Learned counsel for the appellants had challenged the finding of the learned Tribunal on issue No. 2 on the plea that the learned Tribunal committed an error in assessing the income of the deceased to be only Rs. 1500/- per month. The contention of the learned counsel for the appellants was that the statement made by AW-2, father of the deceased that his income was Rs. 3000/- per month remained unchallenged.;