SATYA WATI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present suit was instituted by the mother of Shiam Narain Singh, deceased, aged 22 years on the date of the accident, that is, 13th July, 1951. The father of Shiam Narain Singh did not join as plaintiff and he was, therefore, impleaded as defendant No. 3.

(2.) Shiam Narain Singh held a permanent commission in the Indian Air Force and at the time of his death his total emoluments amounted to Rs. 527-8 per month. Shiam Narain Singh was killed in an accident with a three tonner air force vehicle which was, at the time of the accident, being driven by M. N. Kanji Lal, defendant No. 2. On the fateful day it was at about 8-00 P.M that defendant No. 2 who had been detailed with vehicle No. 550542 at the Delhi Sports Run, entered the 'in' Gate of 3 Wing Guard Room, Indian Air Force, on Maud Road, Delhi Cantonment, to report to the Guard Room about his return. He came out of the 'out' Gate and was going to park the vehicle at the Sub-Motor Terminus on the same road. For going to the parking terminus he had to again enter the 'in' Gate of the 3 Wing Guard Room but when nearing the curve for entering the Gate on the right, the motor-cycle driven by the deceased hit against the vehicle and as a result of the accident Shiam Narain Singh died two hours later. At the time of the accident Shiam Narain Singh was carrying Pilot Officer Woodfall on the pillion seat of his motor-cycle. One Mr. A. K. Ghosal, another Pilot Officer, was also going side by side with the deceased at the time of the accident and his motor-cycle also collided against the vehicle and he got injured. Mr. A. K. Ghosal appeared as a witness as 1. A.I.R. 1965 S.C. 1039. 2. A.I.R. 1962 S.C. 933. Public Witness 3.

(3.) The trial Court dismissed the suit on two grounds-