P.C. Jain, J. - (1.) The legal representatives of truck owner Shri Durgaram-appellant have filed this appeal feeling aggrieved by the award dated 15.5.1985 of the Motor Accident Claims Tribunal, Sri Ganganagar whereby the learned Tribunal Judge passed award of Rs. 1,48,000/- in favour of the claimants of deceased Jogendra Singh.
(2.) The fatal accident occurred on 13.8.1978 at about 4.00 p.m. Jogendra Singh alongwith his brothers Jai Prakash and Banarsi Das went towards Padampur on bicycle and while all the three were returning, Jogendra Singh who was on a separate bicycle was hit by truck No. RJK 3093 which was being driven rashly and negligently by Ramdayal. He fell down and was run over by the above truck. The truck was coming from the opposite direction with high speed so much so that even after hiting Jogendra Singh, the vehicle could not be controlled and fell into the canal. Jogendra Singh died on the spot. The FIR of the occurrence was lodged at Police Station, Sri Ganganagar by Jai Prakash on the same day after half an hour of the accident. The police registered a case under section 304-A and inspected the site and prepared site memo and plan exhibits 4 & 7.
(3.) At the relevant, the deceased was a constable in B.S.F. and was drawing consolidated salary of Rs. 435/- per month. The claim petition was filed by the parents of the deceased, namely, Kashi Ram and Shanti Devi and his wife Santosh and two minor sons Sahdev and Bharat Kumar. It may be stated that during the pendency of the claim petition, the truck owner Durga Ram died and his legal representatives Nos. 2/1 to 2/2 were brought on record. The claim was contested by the owner as well as the Insurance Co. The accident and the death of Jogendra Singh were not denied but it was emphatically denied that the driver Ramdayal was driving the above vehicle rashly and negligently. The quantum of compensation was also disputed.;