SARVDAMAN SINGH Vs. SUBHASH GUPTA

JUDGEMENT

(1.) THESE appeals have been preferred by the owners of the offending, vehicle No. USE 3028 and the Oriental Insurance Company, with whom the offending vehicle was insured, against the judgment and award dated 12.9.1988 passed by the Motor Accident Claims Tribunal/District Judge, Nainital (hereinafter referred to as 'the Tribunal), in Motor Accident Claim Case No. 67 of 1986.

(2.) BRIEF facts giving rise to the present appeals are that on 9.10.1985 Deepak Gupta was travelling in Bus No. DEP 4674. He was returing from Nainital to Delhi by the said bus after completing the educational tour organised by Directorate of Education, Delhi Administration, Delhi. The motor truck bearing No. USE 3028, which was being driven rashly and negligently, came from opposite direction, hit the rear right side of the bus when the bus was approaching the town of Rudrapur. Deepak Gupta, who was sitting on the rear right side of the bus, sustained injuries as a result of this impact and died in the hospital. At the time of accident Deepak Gupta was aged about 13 years. He was a student of VIII class of the Government Boys Middle School. He was a brilliant student and also used to participate in extra curricular activities in the School. The bus No. DEP 4674 belonged to Opp. party No.6 Delhi Tourism Development Corporation and at the relevant time it was insured by Opp. party No. 7 New India Assurance Company Ltd. The motor Truck No. USE 3028 belonged to Opp. party Nos.1 to 4 and at the relevant time it was driven by Opp. party No.5 Mohd. Umar and was insured by Opp. Party No.8 Oriental Insurance Company Ltd. Smt. Subhash Gupta, mother of deceased, filed claim petition under Section 1l0 -A of the Motor Vehicles Act before the Tribunal for compensation on account of his death.

(3.) OPP . parties contested the case before the Tribunal. On the pleadings of the parties the following issues were framed by the Tribunal : -