Gurnam Singh, J. - (1.) IN the early hours of the morning of December 7, 1964, a collision took place between truck No. RJK 3943 and truck No. PNJ 6770, on Delhi -Bahadurgarh road near the town of Bahadurgarh. Truck No. RJK 3943 was being driven by Bhagat Singh and truck No. PNJ 6770 was being driven by Pokhar Singh. Gurbachan Singh, who was the owner of truck No. PNJ 6770 was sitting in his truck at the time of the accident along with Gurdev Singh. In truck No. RJK 3943, which was being driven by Bhagat Singh, Beni Parshad was also travelling. In the accident Gurbachan Singh and Beni Parshad received fatal injuries and Gurdev Singh was injured.
(2.) THE minor sons and daughters of Gurbachan Singh, through their mother Pritam Kaur, filed claim petition No. 15 of 1966, Gurdev Singh injured filed claim petition No. 16 of 1968 and the heirs of Beni Parshad deceased filed claim petition No. 18 of 1968, under S. 110 -A of the Motor Vehicles Act, 1939. All these claim petitions were disposed of by the learned Motor Accident Claims Tribunal, Rohtak, by one and the same order. The Motor Accident Claims Tribunal, Rohtak, vide order dated 11th of November, 1972 allowed Rs. 5000/ - as compensation to the minor sons and daughters of Gurbachan Singh deceased and Rs. 5000/ - to Gurdev Singh injured, Rs. 30,000/ - were allowed as compensation to the heirs of Beni Parshad deceased. The minor sons and daughters of Gurbachan Singh deceased, being dissatisfied with the order of the Motor Accident Claims Tribunal, filed F.A.O. No. 174 of 1972, alleging that the amount of compensation awarded was too low and that the same be enhanced. Gurdev Singh injured also filed F.A.O. No. 175 of 1972 on the ground that the compensation awarded to him was to low. Since both these appeals arise out of one and the same order, the same will be disposed of by this order. The facts of the case, briefly stated, are that on 6th December, 1964 truck No. PNJ 6770 belonging to Gurbachan Singh deceased was hired by Shri Gurbachan Singh injured, resident of V. Mahalon, Tehsil Nawanshahr, district Jullunder, to carry the load of potatoes to sell them in the market at Delhi. Gurbachan Singh deceased also accompanied the truck and was sitting by the side of the driver. Gurdev Singh, the owner of potatoes also travelled in the same truck and was sitting on the extreme left side in the truck. The truck reached near Bahadurgarh at Mile No. 22 in the early morning when it was still dark. At that place, Pokhar Singh driver noticed another truck coming from the opposite side at a fast speed. Pokhar Singh driver dipped his lights and also gave horn. The truck, which was coming from the opposite side bore the Number RJK 3943 and was being driven by Bhagat Singh. Bhagat Singh did not respond to the dipper used by Pokhar Singh. Pokhar Singh as a precautionary measure slowed down the speed of his truck and took it to the extreme left side of the road. Bhagat Singh over took the bullock cart going ahead of him and lost control of the truck due to rash and negligent driving. He got nervous and the left side of his truck struck against the front portion of the engine of truck No. PNJ 6770. As a result of collision, impact and pushing in of the engine Gurbachan Singh received serious in injuries and his both legs were fractured. Gurdev Singh also received serious injuries Bhajan Singh was the cleaner of the truck No. PNJ 6770 and he was sitting on the hind side, so he remained unhurt. Gurbachan Singh and Gurdev Singh were taken to the hospital at Delhi where the former succumbed to the injuries.
(3.) THE learned Motor Accident Claims Tribunal (hereinafter referred to as the tribunal held that the accident took place on account of the fault of Bhagat Singh driver of truck No. RJK 3943 while determining the quantum of compensation to the heirs of Gurbachan Singh deceased, the learned Tribunal held that he (Gurbachan Singh deceased), was 50 years of age at the time of accident. In the view of the Tribunal, the monthly earnings of Gurbachan Singh deceased were Rs. 500/ - and the source of his income was truck No PNJ 6770 The learned Tribunal came to the conclusion that the heirs of Gurbachan Singh, deceased have not suffered any significant monetary loss by his death and only allowed them compensation of Rs. 5000/ -. This finding has been given by the learned Tribunal in para No. 21 of the award which is very cryptic.;