KRISHAN LAL Vs. MOHAMMAD DIN

JUDGEMENT

(1.) These three appeals filed under Section 110-D of the Motor Vehicle Act, 1939, (hereinafter called the 'Act') have arisen in the following circumstances.

(2.) On 27th May, 1979, at about 11.45 P.M. S/Shri Sanjeev Kumar, Shiv Singh and Satpal were travelling in Car No. HRH-24 from New Delhi to Ghaziabad and a truck No. DLL 5052 was being driven by Mohd. Din from the opposite direction in a rash and negligent manner and hit the car, as a result of which the car was badly damaged and all the three occupants recevied serious injuries out ultimately succumbed to the same. The legal heirs of all the deceased filed petitions for the grant of compensation before the Motor Accident Claim Tribunal (hereinafter called the Tribunal). These were listed under the names of Neena Vashist.Vs. Mohd. Din, Om Wati Vs. Mohd. Din and Krishan Lal & Ors. Vs. Mohd. Din. Neena Vashist, widow of Sanjeev Kumar. alleged in her petition that the deceased was 35 years old. He was a flourishing businessman and had a bright future, lie enjoyed a name in the social circle. He was elected Municipal Councillor in Ghaziabad and remained Councillor for 6 years, He was Chairman of several Committees. Neena was 30 years old when the accident took place. Beside the widow, the deceased left one son and three daughters who were minors. Wild the death of Sanjeev Kumar the family has been financially ruined. The deceased was giving Rs. 1,000 p.m. to her as household expenses, and therefore, on that basis she claimed a compensation of Rs. 3,00,000.

(3.) Smt. Om Wati widow of deceased Shiv Singh has claimed compensation to the tune of Rs. 40 lacs. According to her the deceased was 40 years old at the time of his death. He was an agriculturist having 40 bighas of land and had taken two plots of 130 bighas of farm CT from Ghaziabad on lease for Rs. 2,43,000 for a period of 15 years. He was owning a tractor with which he was cultivating his land. He also had land in his name and in the name of his mother. He was earning Rs. 3,000 p.m. from the cultivation of these lands and thus entitled to a compensation of Rs. 40 lacs.