LAWS(DLH)-1982-9-13

DELHI TRANSPORT CORPORATION Vs. HARBANS KAUR

Decided On September 24, 1982
DELHI TRANSPORT CORPORATION Appellant
V/S
HARBANS KAUR Respondents

JUDGEMENT

(1.) On an application filed on 8th June, 1973 under Section 11OA of the Motor Vehicles Act. 1939 (hereinafter called 'the. Act') the Motor Accident Claims Tribunal, Delhi by his judgment dated 8th August, 1980 awarded a sum of Rs. 25,920 with interest @ 6 percent per annum from the date of filing application till realisation besides costs as compensation, to the heirs i.e. widow, parents, soms and daughters (respondents 1 and 4 to 10) of the deceased Jaswant Singh against the Delhi Transport Corporation ( appellant) and the driver Kewal Krishan (resr pondent No. 11). Jaswant Singh was knocked down by a D.T.C. bus driven by respondent No. 11 and owned by the appellant on 3rd March. 1973 at 9 P.M. He died on 4th March. 1973 at 6.30 A.M. He was aged 44 years at the time of accident, his date of birth being 6th January, 1929. He was Vehicle Mechanic in 505 Army Base Workshop, EME, Delhi Cantt under the Ministry of Defence, Governement of India, New Delhi. The Tribunal held that the accident in question had taken place due to rash and negligent driving of the offending Bus DLP 1573 by Kewal Krishan Driver and the deceased was not at fault in any way, that respondents 1 to 10 were the heirs and legal representatives of the deceased. The Tribunal held that the age of retirement of the deceased was 60 years and he was drawing Rs. 407.25 per month as salary etc. at the time of his death: Rs. 150 per month was determined as financial dependency of the heirs for a period of 16 years but 10 per cent was deducted on account of lump sum payment and contingencies of life. No deduction was however made on account of gratuity, family pension or death benefit received by the widow from the employers of the deceased. The dependency of respondents 2 and 3 was treated as nil and the compensation amount was distributed amongst respondents 1, 4 to 10 in the ration of 22: 7:7: 1011 : 15: 10:8 considering their ages.

(2.) In this appeal, the appellant prays for dismissal of the claim application filed by the heirs of the deceased. The heirs on the contrary filed cross-objections (C.H. No. 1592 of 1982) under Order 41 rule 22 of the Code of Civil Procedure for enhancement of compensation to Rs. 3.84,880 with costs and interest @ 12 per cent per annum from the date of filing of the application till realisation.

(3.) The heirs of the deceased have alleged that on 3rd March; 1973 at about 9 P.M. Jaswant Singh deceased was crossing the Patel Road when the offending D.T.C. bus No. DLP 1573 driven rashly, recklessly and negligently by the driver (respondent No. 11) in due course of his employment under the appellant coming from West Patel Nagar side knocked down the deceased and his companion with its front side, without keeping proper look out and without caring for the safety of the road users, that the road around the place of accident was straight and the driver could have easily noticed the deceased and his companion from safe distance, that he ought to have slowed down the bus to avoid the accident, that he was entirely responsible for causing fatal injuries to the deceased, that the deceased had become unconscious at the spot and was removed in the same state to the hospital where he succumbed to his injuries later on. It has further been alleged that the deceased possessed good physique and had he not been killed in the accident he would have lived upto the age of 80 years, and continued to earn upto the date of 75 years, that he was the only bread earner and hope for the heirs, that there is a history of longevity of life in his family, that his father is aged 70 years and uncle is aged 78 years, that the deceased was an expert motor mechmic having an experience of 24 years, that after retirement he was to start his own motor workshop and his income from that business would have been Rs. 2000 to Rs. 3000 per month, that the heirs have been deprived of financial support for a period of 35 years, that the children are unmarried that the deceased would have spent his earnings on the marriage of each child besides spending on their maintenance and education.