SUBHADARA KUMARI Vs. LALLU RAM

JUDGEMENT

(1.) This application has been filed by the appellants under Order 41 Rule 33 read with Section 151 of the Code of Civil Procedure and Section 74 of the Evidence Act. The appellants have moved this application to place on record certain documents to indicate the salary and allowances which would have been payable to the deceased from the date of his death till January, 1994 if he had not been killed in the accident. The deceased Chhajju Singh was about 28 years of age and was working as constable in Delhi police drawing the total emoluments of Rs.312.00 per month at the time of accident which took place on August 3, 1972. The appellants have brought on record the official documents, which would indicate the present salary structure of the post which the deceased was holding at the time of his death. These documents have been issued by the concerned department i.e. by the office of the Deputy Commissioner of Police, New Delhi, and do not require corroboration or any evidence to prove the same. The position of law is well settled that the appellate court can receive additional evidence if it considers to be needed in the interest of justice. (Billa Jagan Mohan Reddy and another v. Billa Sanjeeva Reddy and others, (1994) 4 Supreme Court Cases 659). The deceased was born on 5th January, 1943 and would have continued to work till the age of his superannuation on 5th January, 2001. Therefore, it will be relevant to know the present salary structure of the post which the deceased was holding. In view of the facts of the present case and in the interest of justice, the application is allowed.

(2.) The present appeal is directed against the award dated August 10, 1979 of Shri H.P.Bagchi, Judge, Motor Accident Claims Tribunal, Delhi. The appellants filed a petition under Section 110-A of the Motor Vehicles Act against the respondents claiming compensation of Rs.two lakhs for the death of Shri Chhaju Singh in an accident, alleged to have taken place on 3rd August, 1972 at about 3.45 P.M. The deceased Chhajju Singh was travelling in bus No. DLP 5062 from Patel Chest Institute towards Civil Lines and when the bus was taking a turn towards Civil Lines on Mall Road, truck bearing No. DLL 7819 driven by respondent no.1 came on the road and the front of the truck hit the bus in which the deceased was travelling with great force. As a result of the impact, the bus overturned and the deceased was thrown out and was fatally injured and died on the spot. The deceased possessed good physique and had he not been killed in the accident, it is alleged, he would have lived to the age of 80 years as there is history of longevity of life in the family. The truck was owned by respondent no.2 and respondent no.1 was driving the same in the course of his employment. The said truck was insured with respondent no.3. Respondent no.4 was made a parly as he was the driver of the bus in which the deceased was travelling and the said bus was owned by respondent no.5 and .insured with respondent no.6. The bus was running under the operation of Delhi Transport Corporation at the time of accident. The usual pleas of denial and limited liability were taken by the respondents in their respective written statements.

(3.) Following issues were framed: