RAJ RANI Vs. BANWARI LAL

JUDGEMENT

(1.) The present appeal is directed against the award dated August 27, 1979 of Shri Mahendra Pal, Judge Motor Accident Claims Tribunal, Delhi. The appellants had Fried claim petition for award of compensation of Rs. one lakh under Section 110-A of the Motor Vehicles Act for the death of Daya Kishan Dass in an accident which took place on March 18, 1971 at about 5 P.M. near Maurice Nagar Crossing in front of Ramjas College, within the jurisdiction of P.S.Roshanara Road. The appellants are the widow, three children (minor at the time of accident) and mother of the deceased.

(2.) The brief facts of the case are that the deceased was going on cycle from the side of Roop Nagar towards Old Secretariat via Maurice Nagar and was on his correct left side of the road. The offending truck bearing No. DLL-3761 driven by respondent no.l came from behind and knocked down the deceased causing serious injuries. The deceased was removed from the site of occurrence in unconscious state to lrwin Hospital but he died on the way. It is alleged in the petition that the truck was driven in a rash and negligent manner by respondent no.l. The deceased was aged 31 years. He was enjoying good health and was the only source of livelihood of the family. The family, it is stated, had been rendered completely destitude on account of untimely death of the deceased Daya Kishan Dass. There has been history of longevity in the family and taking into consideration the health of the deceased, he would have continued to live upto the age of 80 years but for this unfortunate accident. He was employed as a teacher and was very energetic and hard working and in all probability he would have risen to better position in life in the course of time as he had a very promising and brilliant academic career. The total claim for compensation was made for Rs. one lakh only with interest from the date of accident till the date of payment. The offending vehicle was driven by respondent no.l in the course of his employment with respondent no.2 who was the owner. The vehicle was insured by respondent no.3 and claim was filed against the said respondent for joint and several liability.

(3.) The written statement was Filed by the respondents and usual pleas were taken that there was no negligence on the part of the driver. The Insurance Company, respondent no.3 herein, also filed its written statement and took the plea that the driver, respondent no.l was not driving the truck with authority and permission of the insured, respondent no.2. The maximum liability of the insurance company is limited to the extent of Rs.50,000.00 . On merits, the status of the appellants as legal representatives of the deceased was challenged.