GULSHARAN KAUR Vs. SURINDER SINGH

JUDGEMENT

(1.) The present appeal arises from the Award dated April 16, 1981 passed by ShriS.P. Saberwal, Judge, Motor Accidents Claims Tribunal, Delhi. The appellants are the legal representatives of the deceased Bhagwan Singh and filed the claim petition under Section 110-A of the Motor Vehicles Act claiming compensation of Rs. 3,00,000.00 on account of fatal injuries sustained by the deceased in the motor accident that took place on February 3, 1977 at about 9.30 p.m. at Wazirabad Bridge within the jurisdiction of Police Station Seelampur. The deceased Bhagwan Singh was coming on his Rajdoot Motor Cycle bearing No. DEC-2142 from the Western side of Wazirabad bridge over river Jamuna and was proceeding towards Shahdara side. He had crossed more than half of the bridge when Surinder Singh, respondent No. 1 herein, who was driving the offending truck bearing No. HRA-1705 was seen coming from the opposite direction at a very fast and reckless speed. The deceased, it was alleged, was going on his left side of the road and was driving his motor cycle at a slow speed. Respondent No. I suddenly swerved the truck towards his right and deceased tried to move to his left but the truck came to the extreme right i.e. on the wrong side of the road and hit the motor cycle of the deceased who was knocked down by the right side of the truck. As a result of the impact, the deceased was killed on the spot.

(2.) The deceased was a young man of 25 years of age and was M.Sc. in Bio-Chemistry and obtained first class first in M.Sc. examination He joined Punjab and Sind Bank and had also passed C.A.I.I.B. Bank examination and was due for further promotion at the time of accident. He was drawing a salary of Rs. 1,200.00 per month and at the relevant time was posted in Punjab & Sind Bank, Naraina, New Delhi. He was the eldest son and supporting member of the family and the appellants were all dependent upon him. The appellants suffered mental shock, strain due to this sudden and untimely demise of the deceased. In this background, the compensation for the sum of Rs. 3,00,000.00 was claimed by them.

(3.) The claim was resisted by respondent No. I and respondent No.2, M/s National Insurance Co. Ltd. and they filed joint written statement wherein it was pleaded that the truck was being driven at a slow speed on the correct side of the road. The deceased came from the opposite directionat a tremendously fast speed. A car was going in front of the said motor cycle. The deceased accelerated the speed in order to overtake the said car and came on the wrong side and struck against the right front mudguard of the truck. The accident was thus caused due to negligence (if the deceased.