C.M. Totla, J. - (1.) ABOVE two appeals, first by claimants for also holding insurer liable and quashing order to pay part of compensation to father and brothers of deceased I and other by owner for holding insurer liable to pay, arise out of the same judgment, so are being decided together.
(2.) ON 31.10.88, at about 10.45 p.m., Shri Madan Gopal, on a public way, was hit by car No. RSK 2700, resulting death due to injuries sustained compensation claim by wife, two minor sons, two minor daughters, parents of two brothers. Allowed and awarded, accepted by the tribunal for Rs. 2,86,680/ - and interest and in relation to award are the appeals. Relevant brief facts, per claimants, are that Shri Madan Gopal, 30 years, at the relevant time, was employed in government hospital as ward boy - was getting salary about Rs. 750/ - who also employed as home guard, used to get allowance Rs. 15/ - per day. On that day, deceased, along with three other home guards, reporting at police station and than riding on cycle, was going to duty place at food corporation. Then, on Suratgarh road, a car fastly and negligently driven, came and struck cycle, made Madan Gopal fell down, than car speedily escaped and injured admitted to hospital, where succumbed in evening on 1.11.88. Averred that FIR No. 178/88 was registered on 1.11.88 on complaint of Chandi Prasad and that the vehicle owned by Roop Chand, was given for repairs at workshop of mistry Babulal and one Shri Bobby @ Balvinder Singh as such and worker employee of mistry on his behest was driving the vehicle. For earning Rs. 1230/ - per month, estimating loss for 30 years, Rs. 10,42,800/ - and deducting Rs. 42,800/ - for own expenses of deceased, Rs. 75,000/ - for pain, agony, deprivation of love and affection and Rs. 5,000/ - for expenses, claimed compensation Rs. 10,80,000/ -.
(3.) OWNER Shri Roop Chand asserted that the vehicle for substantial repair and body work given to and was with Babulal and he did not know of any accident and also when driven by whom. The owner, accepting the deceased to be employed as above, asserted that the deceased fast moving cycle on, was chasing the car and cycle striking, he fell down.;