DATTAREY KHANWALKAR Vs. SHANTI DEVI

JUDGEMENT

(1.) This appeal has been filed under Section 110-D of the Motor Vehicles Act, 1939, by the owners of the two vehicles which were involved in the accident in which the husband of the respondent No. 1, Lalmani Misra, was seriously injured, to which he ultimately succumbed. A claim petition was filed by the widow and four children for award of compensation to the tune of Rs. 1,30,000/-. We have gone through the award of the Claims Tribunal and also looked into the record of the case.

(2.) The allegations made by the claimants were that the deceased was travelling in a three-wheeler No. USG 9797 owned by appellant No. 2 which was hit by a bus No. USG 7122 owned by appellant No. 1. On account of the aforesaid accident the deceased Lalmani Misra received serious injuries and remained hospitalised from 15th April, 1977 to 24th May, 1977 on which date he died in the Medical College Hospital at Jhansi. The claimants put up a claim to the extent of Rs. 6,000/- towards medical expenses, Rs. 55,000/- as loss of salary for the remaining period of his service and Rs. 50,000/- towards loss of pension for 14 years, the remaining period of his life after retirement. A claim of Rs. 20,000/- was also made by way of compensation for the loss of their livelihood etc.

(3.) The deceased was 49 years of age at the time of accident and was an employee of the Sales Tax Department earning Rs. 590/- per month as salary. He had 7 years more to go before his retirement. During this period of 7 years he would have received a sum of Rs. 55,000/- as salary. The longevity in the family being 70 years he was likely to live for another 14 years after retirement and during the said period he would have received Rs. 50,000/- by way of pension.