UNION OF INDIA Vs. CHANDRAKALI CHATURVEDI

JUDGEMENT

(1.) Heard Sri K. D. Nag, learned Counsel for the appellants and Sri Deepak Kumar Agarwal, learned Counsel for the respondents.

(2.) In brief, the deceased Siddh Nath Chaturvedi was an employee of Telecoms Department, Lucknow, working on the post of Assistant Engineer. On 4.10.1988, while he was coming from Sultanpur to Lucknow in the department's jeep No. U.A.E.-7465, because of rashness and negligence on the part of Jeep driver, the Jeep suffered with an accident and by losing its balance, Sri Siddh Nath Chaturvedi suffered grievous injuries and later on succumbed to injuries in the medical college. At the time of death, his monthly income was Rs. 3,357 per month. The F.I.R. was lodged and dependents/legal heirs have approached the Tribunal for payment of compensation. The Tribunal framed five issues. Out of which, the first relates to accident occurred on 4.10.1988 because of rashness and negligence on the part of Jeep driver. The second issue relates is to entitlement of the claimants for payment of compensation. The Tribunal on the basis of recorded evidence and after providing due opportunity to the parties held that the accident occurred because of rashness and negligence on the part of Jeep driver. The Jeep belonged to the Telecoms department and accordingly, Tribunal held that the department is liable to pay compensation.

(3.) The Tribunal awarded a compensation to the tune of Rs. 2,87,520 and divided to legal heirs and successors of the deceased. Out of which, Km. Saroj, Sarita and Vinay Chaturvedi were minors. Feeling aggrieved, the appellant approached Under Section 173 of the Motor Vehicles Act, 1988.