URMILLA PANDEY Vs. KHALIL AHMAD

JUDGEMENT

(1.) Special leave granted.

(2.) Ram Kishore Pandey - while coming home on a cycle from work -was run over by car No. UPC 8527 on March 3, 1970 and died almost instantaneously. He was 29 years of age. He left behind his widow Urmilla Devi and two minor children who were infants. Almost a quarter century has passed by but the unfortunate widow and the orphan children have not as yet been paid a single penny by way of compensation.

(3.) Urmilla Pandey widow of Ram Kishore Pandey filed a claim petition before the Motor Accident Claims Tribunal , A Allahbad claiming Rupees 1, 17,747.70 as compensation on account of the death of her husband in the car accident. Khalil Ahmad, the driver of the car; Ram Kishan (dead) through his son Purshottam alias Balwa, the owner of the car; M/s. Chandra Financiers; and the New India Assurance Company were impleaded as respondents before the Tribunal. The Tribunal came to the conclusion that the accident took place on account of the car being driven rashly and negligently by Khalil Ahmad, the driver of the car. While assessing the compensation the Tribunal held that the age of 58 years at which the deceased would have retired by taken as the life expectancy of the deceased. The Tribunal further found that the deceased was drawing Rupees 259. 10 as his salary -deducting 1/3rd for maintaining himself - he was spending the remaining amount of Rs. 175/- per month on his family. Taking the annual amount to be Rs. 2100/- and multiplying the same by 29, the Tribunal reached the figure of Rs. 60,000/-. Making a deduction for the lump sum payment at the rate of 33 per cent, the Tribunal awarded Rs. 40,600/- as compensation to the family. The Tribunal, however, found that there was no material on the record to prove that the car was insured with the respondent-company. The Tribunal by order dated May 9, 1979 dismissed the claim against the financier and the insurance company and passed a decree for Rs.40,600/- against Purshottam son of late Ram Kishan.