ROOP RANI Vs. RAMESH CHANDER

JUDGEMENT

(1.) The present appeal is directed against the award dated October 13, 1981 passed by Shri P.R-Thakur, Judge, Motor Accidents Claims Tribunal, Delhi.

(2.) Ramesh Kumar who was aged about 15 years at the time of accident was son of the appellants. He died in the road accident which took place on October 14,1976 at about 7.15 a.m. at Dina Nath Road within the jurisdiction of Police Station Subzi Mandi. The deceased was sitting on the front rod of the cycle which was being plied by Sat Pal, when truck No. DLL-1555 driven at a fast speed in a rasCh and negligent manner by respondent No.l came from the opposite direction and struck against the cycle as a result of which the front wheel of the truck passed over the deceased. Sat Pal had got down from the cycle before the truck struck. The deceased was removed to Hindu Rao Hospital and thereafter to Northern Railway Hospital where he died on October 16,1976. The claim petition was filed by the appellants for the award of Rs. 1,00,000.00.

(3.) The deceased was a student of 9th Class in Birla Higher Secondary School, Shakti Nagar, Delhi and also stated to be learning the work of Radio Mechanic Engineering in the School. It was mentioned in the petition that after one year the deceased would have become an efficient radio mechanic and earned handsome income. The deceased was the eldest son of the appellants whoad pinned all their hopes on him, as he was stated to be an intelligent student. Respondent No. I was the driver of the offending truck. Respondent No. 2 was the owner of the truck and also the employer of respondent No.l. Respondent No.3 was the Insurance Company with which the truck was insured as on the date of accident.