STATE OF HARYANA Vs. K VIMALA RAGHAVA CHARI

JUDGEMENT

(1.) This judgment will dispose of F.A.O. 47 of 1980 filed by the State of Haryana as also the Cross-appeal being F.A.O. 89/80 filed by the claimants. Both these appeals are directed against the award dated 30th October, 1979 passed by Motor Accident Claims Tribunal, Delhi.

(2.) Dr. K..V. Raghavachari was employed as Lecturer in Chemistry Department of the University of Delhi. He was knocked down by the bus owned by the State of Haryana and being driven by Shri Amarjit Singh driver at the relevant time.

(3.) The widow and three children of the deceased, hereinafter called the claimants, filed the petition under Section 110-A of the Motor Vehicles Act before the Motor Accident Claims Tribunal, Delhi. It was alleged that on 23.3.1972 at about 5.35 p.m. the deceased was going home on bicycle from the University of Delhi to his residence at Model Town, Delhi. He was travelling on a bicycle on G.T. Road and when he reached near the second bus stop of Model Town, he slowed down and after giving proper signal took a slight turn to the right. He was still on the left side of the road and was just near the verge of the dividing line of the road when the bus owned by respondent No. 1 and being driven by respondent No. 2 knocked him down. As a result of the knocking down the deceased was thrown off his bicycle and sustained injuries. He was removed to Bara Hindu Rao Hospital, Delhi and was later transferred to Irwin Hospital, New Delhi. He, however, died on the next date due to the injuries sustained by him. According to the claimants the accident took place due to rash and negligent driving of respondent No. 2 who was driving the bus during the course of his duties. It was further stated that the deceased at the relevant time was aged about 39 years and was getting a salary of Rs. 1081.20 paise and was entitled to benefits like provident fund gratuity and pension etc. The claim was for a sum of Rs. 2 lakhs.