LAWS(ALL)-1981-7-12

KAUSHALYA DEVI Vs. HOUSING AND DEVELOPMENT BOARD

Decided On July 14, 1981
KAUSHALYA DEVI Appellant
V/S
HOUSING AND DEVELOPMENT BOARD Respondents

JUDGEMENT

(1.) This F.A.F.O., arises out of a claim petition decided by the Motor Vehicles Claims Tribunal, Agra, dismissing the claim petition filed by Smt. Kaushalya Devi, mother of the deceased, who is now appellant before us.

(2.) The appellant had filed the claim petition before the Claims Tribunal, Agra, claiming compensation in the sum of Rs. 2.50 lakh on account of the death of her son, Sri Krishna Kumar Bhartari, in an accident which took place on 11th May, 1971, near the crossing of Mal Road and the Cariappa Road, Agra, involving truck No. RRL 2621 belonging to respondent No. 2 and a mini-bus bearing No. UPH 3092 owned by respondent No. 1. In this accident, apart from the driver of the mini-bus, claimant's son, K. K. Bhartari, also lost his life. The deceased was aged 34 years and was unmarried. At the time of the accident he was serving as an Assistant Engineer with the U.P. Housing and Development Board and was posted, at the relevant time, at Agra. He was then drawing a salary of Rs. 800 per month apart from some other incomes which he used to derive from other sources.

(3.) It was alleged in the claim petition that the accident took place on account of the negligence of the drivers of the two vehicles involved in the accident and, therefore, the owners of the two vehicles were alleged to be liable jointly and severally for the claim set out against respondents Nos. 1 and 2 in the claim petition. Subsequently, however, respondent No. 3 was added as a party as the insurer of the truck in question. Similarly, respondent No. 4 was impleaded as a respondent because the mini-bus belonging to respondent No. 1 was insured with it.