KRISHNA GUPTA Vs. LAL

JUDGEMENT

(1.) The present judgment will dispose of two First Appeals, being FAO No. 230/ 79 (Krishna Gupta and others v. Madan Lal and others) which is filed by the claimants for enhancement of compensation and FAO No. 231/79 (Madan Lal and others v. Smt. Krishna Gupta and others) which is filed by the driver of the offending vehicle as well as by the owner and the insurance company.

(2.) The facts briefly stated are that on August 26, 1974 the deceased Prem Chand Gupta was sitting in car No. DLJ 4598 and was going from Shakti Nagar towards village Pooth Khurd on G.T.Road. The car was being driven by respondent no.3. The truck bearing No. DHG 1613 driven by respondent no. 1 was going ahead of the car in the same direction and the car, in fact, was following the truck. It is 5 alleged that at about 9.10 P.M. the truck driver, respondent no. 1, without giving any signal or warning suddenly stopped the truck on the road and since the carwas also in speed the rear right portion of the truck and fnt left portion of the car collided. The impact took place with great force and all the occupants of the car were injured. The deceased Prem Chand Gupta and Purshotam Dass Gupta received fatal injuries and Kapur Chand Mittal, who was also travelling in the car, sustained grievous injuries. It is further alleged in the petition that the accident took place due to the composite negligence of respondent no.1 and respondent no.3 and the said respondent no.1 was mainly responsible for causing the accident. The deceased possessed good physique and was in the prime of his youth and if he had not died in the accident, he would have lived a long life as there is history of longevity of life in the family. Due to the sudden demise of Prem Chand Gupta, the family lost pecuniary benefits which they would have continued to receive for another 37 years. The appellants reasonably expected that support for such number of years, as the deceased was making available his entire earnings for the use of the family. The deceased was employed in Delhi Administration permanently as TGT teacher and he would have been awarded the selection grade in the year 1978. The post was pensionable and besides pension, the deceased would have earned atleast a sum of Rs.1000.00 to Rs.1500.00 by doing tuition work as he was an experienced teacher. The family suffered extreme mental pain and agony on coming to know about the sudden death of Prem Chand Gupta. Therefore, a petition for claim of compensation for a sum of Rs.five lakhs was filed before the Tribunal.

(3.) Respondents 1,2 and 5 filed a common written statement and denied the averments made in the petition in general and have further pleaded that the accident took place due to rash and negligent driving of car No. DLJ 4598 in which the deceased was travelling. Respondents 3 and 4 have also denied any rash and negligent driving of the car driver and emphatically averred that the accident took place due to sudden stoppage of truck which was going ahead of the car.