The main legal point established in the judgment is the determination of compensation under Section 166 of the Motor Vehicles Act, 1988.

R.C.Kathuria, J.

1. Dissatisfied with the compensation awarded by the Motor Accident Claims Tribunal, Jalandhar (hereinafter referred to as the Tribunal) vide its award dated 15.6.1994 the appellants-claimants have filed this appeal.

2. The accident took place on 24.4.1981 at 7.20 p.m. Kewat Ram (deceased) was going on a bicycle from the side of Jalandhar towards Bhogpur. While he was driving his bicycle on the kacha portion of the road, a bus bearing Registration No. PUS-7613 being driven by Kirpal (respondent No. 3) came from behind. The driver lost control over the bus and dashed it into bicycle of Kewal Ram as a result of which he suffered multiple injuries and died on the spot. On the date of death, Kewal Ram was aged about 45 years and was earning about Rs. 800/- per month by selling fruits and vegetables as a hawker. On these premises, the claimant-appellants filed the claim petition seeking compensation of Rs. 1,50,000/-.

3. The claim was contested by respondent Nos. 1 to 3. In his written statement, it was pleaded by respondent No. 3, that the deceased was carrying a heavy toad of fruits and vegetables on his bicycle and that the bicycle was not in proper control of the deceased. He further stated that there appeared to be a Gadda (pit) on the road. He (respondent No. 3) slowed down the bus and blew horn. As the deceased was not in control of his bicycle, he fell down on the road and the accident occurred. Thus, respondent No. 3 allributed the accident entirely to the fault committed by the deceased. Additionally, he averred that the matter was compromised with him by the legal hairs of the deceased after they received a sum of Rs. 2,000/- from him (respondent No. 3) and that they are now estopped from filing the claim petition.

4. Respondent Nos. 1 and 2, in their separate written statement, supported the version of respondent No. 3 and denied their liability to pay the compensation amount.

5. The Tribunal settled the issues on the pleadings of the parties and thereafter allowed the parties to lead evidence. In respect of issue No. 4 relating to the plea of negligence, the Tribunal returned a finding that the accident was caused due to the rash and negligent driving of the deceased and in the ultimate analysis the said issue was decided against the respondents. The stand of the respondent No. 3 that the matter had been compromised by the widow of the deceased, was upheld qua her but that compromise was not accepted with regard to the rights of the other claimants, who were minors at that time. The claim of Swaran Kaur widow of Kewal Ram (deceased) was, thus, rejected by the Tribunal. Nirmal Kaur, claimant No. 7 before the Tribunal, was not held to be dependent upon the deceased. The said Nirmal Kaur has not challenged, the award in this Court. The remaining claimants i.e. Bimla Devi, Kulwinder Kaur, Gurbax Kaur and Mohan Lal, daughters and son of Kewal Ram (deceased), respectively, were granted a compensation of Rs. 5,0007- each along with interest at the rate of 6 per cent per annum from the date of application till its realisation, by the Tribunal.

6. I have heard the learned counsel for the parties and have gone through the records of the case.

7. At the first instance, I would advert to the stand taken from the side of respondent Nos. 1 and 2 as they have challenged the finding of the Tribunal with regard to the accident causedon account of the negligence of the driver of the bus i.e. Kirpal (respondent No. 3). Mr. K.K. Behniwal, learned Deputy Advocate General, Punjab urged before me that in this case the negligence of Kirpal (respondent No. 3), driver of the bus, is not established on record and that the Tribunal totally overlooked the first version of the accident recorded vide Daily Diary Report No. 22 dated 24.4.1981 (Exhibit R.t). The Daily Diary Report (Exhibit R.1) was got recorded by Gurmel Singh at Police Station Bhogpur at 8.45 P.M. It is stated in this report by Gurmel Singh that on 24.4.1981