DHARMA DEVI Vs. PADAM SINGH AND ORS.

JUDGEMENT

(1.) THE facts as per the last amended petition are that on 29.6.1971 at 9.00 p.m. deceased Badri Prasad aged 25 years was going towards Hanuman lane on a bicycle. The truck DLL 4812 was coming from the opposite direction and it overran Badri Prasad with the result that he died on the spot. He was an employee in New Delhi Court Canteen. His mother, father and two brothers filed a claim in the Motor Accidents Claims Tribunal against the driver Padam Singh, owner of the truck, Madari s/o Ajmeri, Thaili and the Insurer for a claim of Rs. 20,000/ - .

(2.) THE learned Tribunal by its award dated 6.2.80 awarded ex -parte a sum of Rs. 10,800/ - only in favour of the mother of the deceased and against the driver Padam Singh, with costs and interest at the rate of 6% per annum from 22.1.1972. Hence, this appeal by the claimants.

(3.) THE learned Tribunal had thought that under Section 8 of the Hindu Succession Act, 1956 only the mother could claim compensation. It also held that no evidence was led to prove that Madari was the owner of the truck. As regards insurer, the Transport Authority first certified on 16.3.1973 that New India Assurance Company was the insurer. Subsequently, it was discovered that the vehicle was insured with Devakaran Nanji Insurance Company which later on merged into the Oriental Fire and General Insurance Company The policy number was 3978. The last one was impleaded as Respondent but they did not file any written statement and insisted upon particulars. Ultimately, on 18.9.1978 the advocate of the claimants gave up the claim against the Respondent insurer. The learned Tribunal found that the deceased used to send about Rs. 100/ - per month to the mother. But he could continue to send this amount only for 5 years more until the deceased should have married. After marriage the dependency was further likely to be reduced to Rs. 50/ - per month and would have continued only for ten years more. Calculating on this basis the learned Tribunal came to the conclusion that the value of dependency will be Rs. 12,000/ - . Out of this amount, he deducted 10% on account of lump -sum payment and uncertainties of life and that is how he arrived at a figure of Rs. 10,800/ - .