GEETA DEVI Vs. AMRIK SINGH

JUDGEMENT

(1.) The appellants have filed this appeal against the award passed by the Motor Accident Claims Tribunal on 31st of January 1981 allowing a compensation of Rs. 54,600 in favour of the legal representatives of the deceased P. C. Gupta who died as a result of motor accident which took place on 29th of December 1977. The liability of the insurance company was held to be the statutory limit of Rs. 50,000 only. The Tribunal concluded that the accident took place as a result of contributory negligence by the deceased and apportioned the responsibility of' the accident to the extent of 50 per cent attributed to the deceased and. 50 per cent to the respondents in the claim petition. I shall be adverting to the other details in the subsequent paras of the judgment.

(2.) Adverting to the facts, the deceased P. C. Gupta was driving his scooter DHE 7115 on 29th of December 1977 at about 1.52 P. M. It is alleged that soon after he crossed the railway crossing at Shakti Nagar and was negotiating a turn towards Bharat Nagar road, the offending truck No. DHG 5463 which was being driven rashly and negligently overtook the deceased without giving any warning and in the process the rear mudguard of the truck struck the deceased as a result of which the scooter fell on the left side whereas the deceased fell on the right side and was over-run under the back wheel of the truck assaulting in fatal injuries. The deceased was removed to Bara Hindu Rao Hospital where succumbed to the injuries on tile fame night.

(3.) It was further alleged that the deceased was born on 15th April, 1933 and was 44 years and 6 months old on the date of the accident. The deceased held a second division in M.A. (Mathematics) from Delhi University and was supposed to have a very brillient academic career. The deceased was employed as arained Post Graduate Teacher in the Department of Education, Delhi Administration, for about 20 years prior to his death. It was also alleged in the claim petition that the deceased was a talented person resulting in promotion within very short time and on the date of death he was a confirmed Post Graduate Teacher. It was further alleged that his promotion as Principal in the higher grade of Rs. 1100-1600 was likely to happen and that he enjoyed good health and hailed from a family having the tradition of longevity of life.