Arun Kumar Goel, J. - (1.)Appellant is aggrieved with the award passed by Motor Accidents Claims Tribunal, Una in M.A.C. Case No. 69 of 1994 on 8.3.1996. He has been held liable to pay the compensation in the sum of Rs. 1,49,000 with 12 per cent interest from the date of filing of petition, i.e., 26.10.1994 till the date of the award. Further interest has been made payable if the amount is not deposited within 30 days of the date of the passing of the award till its realisation at the said rate. In addition to this a sum of Rs. 330 has been assessed as lawyer's fees.
(2.)Respondent Nos. 1 and 2 are parents of the deceased Tarlochan Singh who died as a result of motor vehicular accident. According to the respondents the deceased along with other persons was on way to Baba Bharbhag Singh at village Mairi on 25.5.1994. All of them were travelling in truck No. CHW 6567. When it reached near village Rainsary, truck driver Hardeep Singh stopped it and asked the passengers to take meals. Meanwhile he asked the deceased to put water in the radiator.
(3.)From opposite direction appellant came in his Contessa car bearing registration No. PIL 17. Respondents claimed that it was being driven in a rash and negligent manner which has resulted in the car first striking against a cyclist who was dragged for some distance with the cycle and thereafter it having collided against the truck No. CHW 6567, which resulted in causing injuries to the deceased. He was extricated after putting a jack below the truck as well as by deflating the front tyres of the car. In an injured state he was taken to P.G.I., Chandigarh where he died. Deceased was working as a driver earning Rs. 1,800 p.m., in addition to this he used to get Rs. 800 to Rs. 900 p.m. as allowance, etc. Deceased also used to work as an agriculturist. He used to earn Rs. 800 to Rs. 900 p.m. from his such pursuit. In this background compensation was claimed from the appellant. It is admitted case of the appellant that vehicle in question was not insured when the accident took place. Another fact that needs to be noted here is that above referred cyclist survived. He had filed a claim petition against the appellant. This was compromised and a sum of Rs. 75,000 was paid to him. This position was not disputed on behalf of the appellant.