The claim was resisted by the appellant Haryana Roadways by taking the stand that there was numberrash and negligence on the part of the driver of the vehicle and in any event there was companytributory negligence on the part of the deceased.
The claimants asserted in the claim petition that the vehicle involved in the accident was owned by the Haryana Roadways and one Om Parkash was driving the vehicle bearing number HR 39 0418.
The claim was also resisted on the ground that amount claimed was highly exaggerated, without any rational basis and there was numbermaterial to show as to what was the deceaseds income and the deprivation of financial companytribution by the deceased to his family.
Another claim petition was filed by one Ajaib Singh who stated to have been injured in the accident in question.
On the deposit being made along with the amount already deposited, a sum of Rs.3 lakhs shall be kept in the fixed deposit in the name of the claimants and a sum of Rs.50,000/ shall be kept in fixed deposit in the name of Smt.
His widow respondent number1 and minor son Sewak Singh respondent No.2 filed claim petition under Section 166 of the Motor Vehicles Act, 1988 for short the Act for grant of companypensation to the tune of Rs.10 lakhs.
It was pleaded that the deceased was 25 years old, was an agriculturist and was earning about Rs.10,000/ per month by cultivating his agricultural land and from his avocation of purchasing and selling cattles, and by selling milk.
In the claim petition the mother of the deceased was impleaded as proforma respondent.
J U D G M E N T Arising Out of S.L.P. Civil No.21267 of 2001 ARIJIT PASAYAT,J. Leave granted.
Challenge in this appeal is to the legality and propriety of the judgment rendered by Division Bench of High Court of Punjab and Haryana at Chandigarh, dismissing the appeal filed by the State of Haryana and General Manager, Road Transport, Fatehabad, the present appellants.
In a nutshell, the background facts relevant for the purpose of dealing with this appeal are as follows One Jagga Singh hereinafter referred to as the deceased lost his life in a vehicle accident on 3.2.1999.
