UNION OF INDIA Vs. SUNDRI DEVI AND OTHERS

JUDGEMENT

(1.) On 1st Dec., 1969 at about 10.45 A.M. an accident occurred at Patel Road when one Shri Raj Kishore Parshad sustained fatal injuries which led to his death.

(2.) The facts of the case are that the deceased Raj Kishore Parshad was going on his scooter. He was going from Hari Nagar to Vikas Bhawan, New Delhi. While he was going from Dhaula Kuan side on Patel Road, a military truck came from behind and struck the scooter of the deceased. Because of that striking by the truck, the scooterist Raj Kishore Parshad died at the spot. The truck was driven by respondent No. 2 Shri Vishnu Chauhan. The accident was witnessed by Shri Ram Parkash, PW-4 and his pillion rider Shri Kishan Dutt, PW-7.

(3.) Deceased Raj Kishore parshad at the time of his death was 35 years old. He left behind his widow, three sons, one daughter and old parents. At the time of his death he was working as Sales Tax Officer. He was drawing a salary of Rs. 717.50 paise. It was the case of the claimants that the military truck was being driven by respondent No. 2 Shri Vishnu Dutt in a very fast speed without blowing horn. He overtook the scooter of PW-4. it struck the scooter of the deceased Shri Ram Parkash, PW-4 and Shri Kishan Dutt, PW-7 appearing as claimant's witnesses fully corroborated the fact that the truck was being driven in a rash and negligent manner by the driver of the military truck. That the truck was driven in a very fast speed and negligently stood proved from the testimony of PW-4 and PW-7 when they stated that truck driver was driving the truck in a fast speed and did not blow horn. The Tribunal on the basis of the un-controverted and un-rebutted testimony of the eye-witnesses PW-4 and PW-7 concluded that the accident was caused due to the rash and negligent driving of the driver of the military truck. The Tribunal also concluded that the deceased Raj Kishore Parshad died due to this accident. The Tribunal applied the multiplier of 17 years and concluded that since deceased was Class II Gazetted Officer drawing salary of Rs. 717/-hence the dependency loss suffered by the legal heirs worked out to Rs. 1,12,200.00. Out of this amount Tribunal allowed deduction at the rate of 10% on account of uncertainty of life and for lumpsum payment. Thus awarded a sum of Rs. 1 lakh in favour of the claimants.