DELHI TRANSPORT CORPORATION Vs. SUDERSHAN YADAV

JUDGEMENT

(1.) This judgment will dispose of two appeals being FAO No. 134/83 (D. T.C. v. Smt. Sudarshan Yadav and others) filed by Delhi Transport Corporation impugning the Award dated March 23,1983 passed by Shri O.P.Dwivedi, Judge, Motor Accidents Claims Tribunal. Delhi. The other appeal being FAO No. 173/83 (Smt Sudershan Yadav and another v. Delhi Transport Corporation and others) is directed against the same Award and has been filed by the Claimants for enhancement of compensation awarded by the Tribunal.

(2.) The respondents/claimants filed their Claim Petition under Section 110-A of Motor Vehicles Act, 1939, claiming compensation to the tune of Rs 6 lacs on account of death of their only son Ajit Singh in an accident on May 10,1980 The deceased boarded the bus No. DHP 2061 on that day from Inter-State Bus Terminus (I.S.B.T.) at about 3 P.M. It is stated when the deceased Ajit Singh was still on the footboard, the driver of the said bus started the bus suddenly without ensuring that the passengers safely boarded the same.

(3.) The bus was at a fast speed and took a sharp turn as a result of which the deceased was swung out and his head struck against another bus No. DLP 1598. The deceased received serious head injuries as a result of which he died in the hospital. It is further alleged that Mohinder Singh who was the driver of bus No. DLP 1598 did not keep the vehicle in proper manner and was thus negligent. The accident occurred mainly due to rash and negligent act of driving on the part of the driver of bus No. DHP 2061, Narain Singh. The deceased was the only son of the respondents and had passed B.E.(Mech) and was studying in M.B.A. IInd year and after completion of his course, he would have easily got a job for the initial salary of Rs.2,500.00 per month. The deceased, it is stated, would have continued to provide financial help to the petitioners, who are his parents, atleast for 30 years. On these pleadings, the respondents- claimants have claimed compensation for the sum of Rs.6 lacs.