ISHWAR DEVI MALIK Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal filed under Section 110-D of the Motor Vehicles Act against the order of the Motor Accidents Claims Tribunal, Delhi, dated 17/3/1966, dismissing an application filed before the Claims Tribunal under Section 110-A of the said Act for the. payment of compensation.

(2.) The first appellant herein is the widow of one Sham Lal Malik, the sixth respondent and the second appellant are the sons, the third appellant is the daughter, and the fourth and the fifth appellants are the father and the mother of the said Sham Lal Malik. They filed the aforesaid application as heirs of the said Sham Lal Malik claiming a sum of Rs. 4,50,000.00 as compensation arising out of an accident which took place on 26/12/1961 at Farash Khana Bus Stop, G. B. Road, at about 4 p.m., resulting in the death of the aforesaid Sham Lal Malik. The applicants stated in their application that the deceased Sham Lal Malik was about 40 years old and was doing business earning a monthly income of about Rs. 1,700.00 per month; that on 26/12/1961 the deceased was waiting for the bus of route No. 2 at the Farash Khana Bus Stop; that Bus No. DLP 730 of route No. 13 arrived at the said But stop at about 4 p.m.; that immediately after, I Bus No. DLP 230 arrived at the said Bus Stop ; and that just when the deceased placed his foot on the foot-board of the said bus, the Conductor rashly and in a very great haste, without allowing the deceased to enter into the bus, rang the bell, and the driver started the bus. The applicants further stated that the driver crossed the bus No. DLP 730 which was standing so closely that the deceased was crushed between the two buses, and as a result of the same he sustained very serious injuries on the chest; that he was then taken to the Irwin Hospital where, as a result of the said injuries, he died at about 6 p.m. on the same day; that the accident was caused on account of the rash and negligent acts of the Conductor and the Driver of the bus No. DLP 230 of route No. 2; that the said Conductor and Driver (respondents Nos. 4 and 5) were the employees of respondents Nos. 1 to 3, namely (1) the Union of India through the Secretary to the Ministry of Home Affairs, Government of India, New Delhi, (2) the Municipal Corporation of Delhi, and (3) the Delhi Transport Undertaking through the Officer-Incharge, Scindia House, New Delhi; that the accident took place during the course of their employment; and that, therefore the respondents 1 to 3 were also liable to pay the compensation claimed by the applicants.

(3.) It was also stated in the application that the deceased who was aged about 40 years was in a very good state of health; that he was a partner in a flourishing business, namely, M/s. Arjan Dass Gupta & Brothers, Coal Merchants, which have seven branches in all important places in India; that the deceased was assessed to income-tax on the yearly income of Rs. 21,296.00 in the assessment year 1960-61; that his income was bound to improve every year; that the age of the widow of the deceased was 38 years; that the eldest son of the deceased was aged about 19 years and was studying in B.Sc. (Final) in Kirori Mal College Delhi; that the other son of the deceased was aged about 18 years and was studying in the 2nd year in Shri Ram College of Commerce; that the daughter of the deceased aged about 14 years, was studying in the New Bharat Higher Secondary School; that the father and the mother of the deceased were 67 and 65 years old respectively; and that the applicants claim Rs. 4,50,000.00 as compensation from the respondents taking into consideration the loss of pecuniary benefits which they would have received if the deceased had not died, his pecuniary savings from his income, his contributions to the family for their maintenance and education, etc., and also the assistance he would have continued to give to his family members and the loss of estate.