COMMANDANT SUB-AREA BANGALORE Vs. KANTAMMA

JUDGEMENT

(1.) This appeal under Section 110-D of the Motor Vehicles Act, 1939 (to be hereinafter referred to as the Act) is from the judgment of the Motor Accidents Claims Tribunal, Bangalore (to be hereinafter referred to as the Tribunal) in Misc. No. 90 of 1967, awarding a compensation of Rs. 10,700/- to one Kanthamma. widow of late Veeraraghavaiah. who died in an automobile accident The appellants before this Court are the Commandant, Sub-Area. Cubbon Road, Bangalore, and the Union of India represented by the Secretary, Defence Department. New Delhi.

(2.) The respondent herein filed an application under Section 110-A of the Act before the Tribunal against the present appellants and their driver claiming compensation in respect of an accident, caused by a military truck bearing No. 10700 near B. R. V. Talkies involving the death of her husband. Veera-raghavaiah. on 4-10-1965 at 11-30 a.m.

(3.) The respondent's case is briefly thus: The military truck bearing No 10700 belonged to the A.S.C. Centre, Sub-Area. Bangalore. It was driven by one Darsan Singh. Sepoy Driver of the A.S.C. Centre. Veeraraghavaiah. husband of the respondent, was working as a civilian sweeper under the first appellant and was getting a salary of Rs. 125/- per month. On 4-10-1965 at 11-30 a.m. he was proceeding on a cycle towards B. R. V. Talkies from the Sub-Area. The military truck came behind the cycle end overtook it without giving any signal, and while so overtaking, the truck touched the cycle. Veeraraghavaiah fell down, and the hind wheel of the truck ran over him. As he had sustained injuries, he was removed to the hospital where he succumbed to injuries. In all, the respondent has claimed a sum of Rs. 15,000/- towards compensation.