The jurisdiction of a Motor Accidents Claims Tribunal extends to claims for compensation for both personal injury and damage to property arising out of the same accident.

1. This judgment will dispose of two connected appeals filed against the order of the Motor Accidents Claims Tribunal, Punjab, passed on 8th March, 1968, whereby it awarded to Jaswant Kaur and her children a sum of Rs. 94,400/- as compensation for the loss by motor accident of the life of Gurcharan Singh husband of Jaswant Kaur appellant in F.A.O. No. 151 of 1968. The other appeal (F.A.O. No. 113 of 1968) has been filed by the State of Punjab against the award of the said amount.

2. Gurcharan Singh deceased was a Sub- Divisional Officer in the Public Works Department (Irrigation Branch) and on 6th October, 1966, at about 2/2-15 P.M. he was returning on a motor cycle to city Rupar after attending a meeting in the office of the Executive Engineer. When he reached the crossing of the two roads near the Court of the Sub Divisional Magistrate a milk van No. PNQ-641 owned by the Dairy Development Corporation, a State undertaking and driven by Ratti Ram respondent, came from the side of Canal Head Works and is alleged to have struck against the Motor cycle killing Gurcharan Singh on the spot. Before the van could stop it covered a distance of about 60 feet and the motor cycle was heavily damaged. A case was registered with the Police which later ended in the conviction of Ratti Ram.

3. Mrs. Jaswant Kaur widow of the deceased and her minor children then filed claim No. 367/CTP/66 in the Court of the Motor Accidents Claims Tribunal, Punjab, claiming compensation to the tune of Rs. 1,50,000/-. The respondents admitted the happening of the accident but denied their liability to pay any compensation as it was alleged that the accident resulted not from any rash and negligent driving by Ratti Ram driver of the van but on account of such driving of the motor cycle by the deceased himself. On the pleadings of the parties, the following issues were struck :

1. Was the accident due to any negligent act on the part of the driver of the Milk van involved or that of the deceased himself or that of both and with what effect ? 2. What is the quantum of compensation due if any and from whom to whom ? 3. Has this Tribunal jurisdiction to entertain claim with regard to damages to the motor cycle and other property and can the claimants claim any damages with regard to these things ? 4. Relief.

4. Under issue No. 1, it was held by the Tribunal that the accident was entirely due to the rash and negligent driving by Ratti Ram respondent. Gurcharan Singh deceased was 44 years of age at the time of his accident and an amount of Rs. 94,400/- was fixed as the quantum of compensation payable to Mrs. Jaswant Kaur and her children. The applicants had also laid a claim for compensation on account of damage to the motor cycle and a wrist watch which the deceased was said to be wearing at the time of the accident but the Tribunal rejected this claim on the ground that it had no jurisdication to award such compensation.

5. Being aggrieved by the award, the heirs of the deceased, Mrs. Jaswant Kaur and her children and the State have come up in these appeals.

6. After hearing the learned counsel for the parties, I am of the view that the finding of the Tribunal of issue No. 1 must be upheld nor is there any ground to interfere with the amount of compansation awarded to the heirs of the deceased. I am further of the opinion that the Tribunal was in error in holding that it had no jurisdiction to entertain claim with regard to damage to the motor cycle and the wrist watch, though in the instant case the applicants have not been able to establish the extent of loss and in the absence of any evidence the same cannot be awarded on mere conjectures.

7. To establish rash and negligent driving on the part of Ratti Ram respondent, the applicants produced four witnesses in addition to the police officer who investigated the case. The circumstances as disclosed in this case leave no manner of doubt that Ratti Ram was wholly responsible for the accident. The accident too