The court held that the truck driver was negligent in parking the truck on the metaled road without proper precautions, in violation of section 81 of the Motor Vehicles Act, 1939.

Harbans Lal, J.

1. This appeal F.A.O. No. 32 of 1978 as well as the cross-objections No. 11-C11 of 1978 under Order 41 Rule 33 of the Code of Civil Procedure will be disposed of by this judgment.

2. The appeal is directed against the judgment of the Motor Accidents Claims Tribunal, Rupnagar, dated October 3, 1977, whereby allowing the petition of the respondents-claimants for compensation under section 110-A of the Motor Vehicles Act, 1939 (hereinafter called the Act) and a total compensation of Rs. 1,28,000/- was granted.

3. One Attar Singh while driving car bearing No. PUL. 3514 from Chandigarh to Ludhiana on 15th December, 1970 met with a fatal accident. The claim petition was filed by Mrs. Deep Kaur his widow, Inderpal Singh and Amarjit Singh his two minor sons and Kumari Parvider Kaur his minor daughter. A truck bearing no. PUR 323 belonging to the appellant no. 2 was parked on the metaled road near mile no. 13 between Morinda and Kharar. This vehicle had its back towards Kharar and the front portion towards Morinda side. There was no indication on the back-side of the truck by light or any other caution or warning to give a timely warning to the on-coming vehicles about the truck having been parked there. This truck was loaded but there was neither owner nor cleaner on or near the truck at the time of the accident. The car driven by the victim Attar Singh struck against the back portion of the said truck and as a result of the impact resulting in the instantaneous death of Attar Singh on the spot. Ram Lotan who was also in the front portion of the car alongwith Attar Singh was seriously injured.

4. The case of the claimants was that Attar Singh was a healthy young man aged about 40 years and was expected to live upto the age of 70 years. He was earning about Rs. 1,500/-per month at the time of his death out of his business by running a restaurant. It was also averred that Attar Singh was expected to earn about Rs. 5, 40,000/- during his remaining life. His widow was stated to be aged 34 years and was expected to live at least 40 years more. She claimed compensation amounting to Rs. 1, 44,000/- at the rate of Rs. 300/- per month. Inderpal Singh, his elder son, was aged 15 years and was studying in the 9th class in Kundan Vidya Mandir, Ludhiana. Rs. 22,000/- were claimed in lieu of his education expenses and Rs. 10,000/- for his marriage. The youngest son Amarjit Singh was aged 14 years and was studying in 10th class in the Public High School at Nabha. Rs. 48,000/- were claimed in lieu of his education expenses and Rs. 10,000/- on account of marriage. Kumari Parvinder Kaur was studying only in 2nd standard in Kundan Vidya Mandir, Ludhiana. An amount of Rs. 24,000/- was claimed in lieu of her maintenance, Rs. 25,000/- for her education and Rs. 20,000/- for her marriage.

5. The claim petition was contested by the owner of the truck as well as the Oriental Fire and General Insurance Company with which the truck in question was insured. According to their replies the accident was the result of the negligence of the deceased himself. It was averred that the truck in question had been parked not on any part of the metaled road but on a katcha portion away from the road. One tyre of the truck had got punctured, as a consequence the driver had left the truck there after taking all precautions. Plea was also taken that the deceased was driving the car at a very high speed and without taking proper precautions, struck his car against the back portion of the truck. As the accident was due to the negligence of the deceased neither of the respondents was entitled to pay any compensation.

6. In view of the plead ings of the parties the following issues were framed :

(1) Whether the accident took place due to the negligence of the driver Inderjit and if so to what effect ?

(2) To what amount of compensation the claimants are entitled and from whom ?

(3) Whether the accident took place due to the negligence of the deceased ?

(4) W