LAWS(DLH)-2004-1-60

LALITA DEVI Vs. MEWA SINGH

Decided On January 12, 2004
LALITA DEVI Appellant
V/S
MEWA SINGH Respondents

JUDGEMENT

(1.) The appellants are the parents (Appellants No.4 & 5) of the deceased Vinod Kumar Dhiri. Appellant No.1 is his widow and Appellants No.2 & 3 are his two daughters. The deceased was sitting on the pillion seat of a motor cycle when it met with an accident on 26th October, 1983. A truck driven by Respondent No.1 hit the rear of the motor cycle as a result of which the rider of the motor cycle as well as Vinod Kumar fell down. The wheels of the truck passed over Vinod Kumar and he died on the spot.

(2.) At that time, the deceased was of 36 years of age and was working in a private company and earning Rs.1,100/- p.m. as salary besides other benefits such as provident fund etc.

(3.) The legal representatives of Vinod Kumar filed a petition under Section 110-A of the Motor Vehicles Act, 1939 and claimed a sum of Rs.5.00 lakhs as compensation on account of death of Vinod Kumar.