NATIONAL INSURANCE COMPANY LIMITED Vs. KUMUD KHOSLA

JUDGEMENT

(1.) The present judgement will dispose of FAO No. 261 of WW (National Insurance Company Vs. Mrs. Kumud Khosla & others) and FAO No. 256 of 1989 (Mrs. Kumud Khosla Vs. Rajesh Rajore & others).

(2.) These appeals arise out of a judgment dated July 24, 1989 of Shri K.C.Lohia, judge. Motor Accident Claims Tribunal, New Delhi. FAO 26l of 1989 has been filed by the National Insurance Company to impugn the judgement of the Tribunal awarding compensation to the tune of Rs.4,50,000.00 including Rs. 15,000.00 already paid under Section 92-A of the Motor Vehicles Act in favour of the claimant, respondent no. 1 and respondent No.3 with costs and interest at the rate of 9 % per annum from the date of petition i.e. May 11, 1987 till the date of order. FAO 256 of 1989 has been filed by Mrs. Kumud Khosla, respondent No. 1, for enhancement of compensation to Rs.37 lakhs with costs and interest.

(3.) The brief facts of the case are that Shri Vivek Khosla son of the claimant, respondent no.1 herein, was a businessman, aged about 19 1/2 years. He was going in a car No. PAN 58 on March 25, 1987, and the said car was driven bv one Shri Rajesh Rajore, respondent no.2. The deceased was sitting in the car, which was going from Connaught Place to Nizamuddin. At about 11.41) P.M. when the car reached the crossing ot Hexagan near Dr. Zakir Hussain Marg, the same struck against the Central verge on the Jaipur House side due to which the car overturned, resulting in the fatal injuries on the person of the deceased Vivek Khosla. It is further alleged that the respondent No.2 was driving the car at that time at a fast speed and in a rash and negligent manner and without taking case and caution struck the car with the central verge. The matter was reported to the police and FIR. No. 102 of 1987 was registered at P.S. Tilak Marg, New Delhi. The said Vivek Khosla died on the spot. The claimant is the mother ot the deteased Vivek Khosia, who was unmarried at the time ot accident. He was the only son of the claimant and respondent no.3. It is averred that the deceased was a brilliant youngman and he had done his schooling from Welham, Dehradun and passed his matriculation from Mayo College, Ajmer. He was graduate in Commerce trom Government College, Ludhiana and was actively participating in the family business and was progressing fast. The income of the deceased was alleged to be in the range ot Rs.13,000.00 to Rs.l5,000.00 per month. I he claimant has further contended that in view of the death of the de- ceased, who was her son, the estate lias suffered a set back. The deceased was a partner in Sohan Theatre, Hissar. He was the partner and Director of Swadeshi Karyala Textile Pvt. Ltd and was also a partner in M/s Globe Trotters, Ludhiana. He Was responsible for looking after the sales promotion, export promotion and accounts. The claim petition was filed in the Motor Accident Claims Tribunal, Delhi, for compensation for death of the said Vivek Khosla. The respondents, impleaded in the said petition, are Shri Rajesh Rajore, who was driving the vehicle, Shri Virender Khosia to whom the vehicle belonged and who was father of the deceased and National Insurance Company the appellant herein. The claim raised in the petition was for the sum of Rs.37 lakhs with costs and interest.