K.C. Puri, J. - (1.) THE Motor Accident Claims Tribunal, Chandigarh vide award dated 31.1.1997 granted compensation of Rs. 13,49,502/ - to the claimants on account of death of Pritam Singh Bhinder in a motor vehicle accident which had taken place on 2,9.1995. The claimants are aggrieved with the amount of compensation and hence they have filed the instant appeal for enhancement of same.
(2.) THE brief facts of the case are that the claimants filed claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs. 30 lakh on account of death of Pritam Singh Bhinder which took place on 2.9.1995 on the averments that Pritam Singh Bhinder was working as a Deputy Manager (Sales) in Indian Oil Corporation, Chandigarh. He was drawing about Rs. 18,000/ - month. He was going in Maruti Car No. PB -08D -1700 from Chandigarh to Ambala on 2.9.1995 when he was hit by Haryana Roadways Bus No. HR -02A -6862 near Dera Bassi on Ambala -Chandigarh Road. It has been further averred that the claimants who are widow and wards of said Pritam Singh Bhinder were living with him and were dependent upon his earnings. The accident resulting in injuries and subsequent death of Pritam Singh Bhinder, was due to rash and negligent driving of respondent No. 3, who was employed as a driver by respondent Nos. 1 and 2, on their bus.
(3.) RESPONDENT Nos. 1 and 2, in their joint written statement pleaded that the accident took place due to a defect in the bus which could not be foreseen by the driver of the bus. The driver of the bus had taken all reasonable care to avoid the accident.;