NEW INDIA ASSURANCE CO Vs. PYAR DEI

JUDGEMENT

(1.) HEARD Shri Rajesh Joshi, counsel for the appellant and Shri Vipul Painuly, counsel for the respondents.

(2.) BY the aforesaid appeals, the appellant has prayed for setting aside the judgment and award dated 21.11.1983 passed by the District and Sessions Judge, Tehri Garhwal (Motor Accident Claims Tribunal, Tehri Garhwal) by which the Motor Accident Claims Tribunal has allowed the Motor Accident Claim nos. 5 of 1983, 17 to 1982, 18 of 1982, 19 of 1982, 20 of 1982 and 1 of 1983. Appeals have been preferred against the award with regard to Motor Accident Claim nos. 17 of 1982, 18 of 1982, 19 of 1982 and 20 of 1982. However, the facts of each claim petition are discussed below : -

(3.) THE brief facts of Motor Accident Claim No. 17 are that the claimants in the this case were residents of village Bhelunta, Patti Orn, District Tehri Garhwal. They had a son named Roshan Lal Joshi, aged about 14 years. He was a student and was a bona fide passenger of the bus no. USQ 311. It has been alleged that the aforesaid bus met with an accident due to rash and negligent driving of the bus driver and as a result of that accident, Roshan Lal Joshi, son of the claimants died on the spot due to the injuries received by him. It has been stated that the claimant no. 1 is aged about 50 years and expect to live for 20 years more. It has been stated that the claimant intended to join his son i.e. late Roshan Lal Joshi in the Military services after passing his High School. It has been stated that if he had not met with the accident in question, he could have earned Rs. 600/ - per month and could have helped his parents to the extent of Rs. 75/ - per month for full twenty years. It has been stated that the claimants are entitled to get Rs. 18,000/ - on this account and Rs. 6,000/ - on account of mental distress. It has been stated that even after deducting 10 per cent out of the sum of Rs. 24,000/ -, they are entitled to get atleast Rs. 21,600/ -. It has been stated that the claimant no. 2 is entitled to get Rs. 22,500/ - on account of death of his son and Rs. 6,000/ - on account of mental agony, thus a total of Rs. 28,500/ -. It has been stated that even after deducting 10 per cent, the claimant no. 2 is entitled to get Rs. 25,450/ -. The claimants have claimed a sum of Rs. 47,050/ - in total from the respondent nos. 1 to 3 i.e. the driver, the owner and the insurance company of the bus in question.