NATIONAL INSURANCE CO LTD Vs. YOGENDRA NATH VERMA

JUDGEMENT

(1.) These are two first Appeals from order against the award of the Motor Accidents Claims Tribunal, dated 28-8-1975, which involve common questions of law and facts. The two appeals are therefore disposed of by a common order,

(2.) On 3-11-1969, at about 10 A. K Vinod Kumar aged about 11 years, a student of class IX, and Pramod Kumar aged about 13 years, two real brothers, were going on a bicycle. Vinod Kumar was driving the cycle while Pramod Kumar was sitting on the carrier. While the two boys were proceeding from the crossing of Beli Road towards the district civil courts a car coming from the op posite direction knocked down the cycle as a result of which the two boys got serious injuries and the cycle got en tangled with the car. Pramod Kumar who was pushed to hospital died on 7-11-1969. Vinod Kumar received injuries but he survived. Sri T. Ramabhadran, I. C. S. a Judge of the High Court, was registered owner of the car U. P. R. 7244 which was insured with the General Insurance Company and was being driven by Abdul Ghani, a peon of the High Court.

(3.) Two Claim petitions under Section 110-A of the Motor Vehicles Act, 1939, were filed before the Motor Ac cidents Claims Tribunal, Allahabad, one by Yogendra Nath Verma, father of the deceased Pramod Kumar, claiming a sum of Rs. 21,000/- as compensation from the owner and insurer of the vehicle. The other claim petition was filed by Vinod Kumar, claiming a sum of Rs. (?),000 for the injuries received by him. The two claim petitions were numbered as claim petitions Nos. 2 and 3 of 1970. The claimants asserted that the car in question was being driven in a very rash and negligent manner. Earlier it dashed against a hand driven cart which was going on the left side of the road and thereafter it knocked down the two boys who were going towards the District Courts.