LEELA GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Both the F.A.F.O. Nos.385 and 403 of 1987 arise from the common impugned judgment and decree dated 24.2.1987 passed in Claim Petition No. 4 of 1985, Leela Gupta v. State of U.P., passed by the Motor Accidents Claims Tribunal, Mirzapur, whereby Claims Tribunal decreed the claim petition for recovery of Rs. 2,51,800 with costs and pendente lite and future interest at the rate of 9 per cent per annum subject to the directions given in the said impugned judgment and decree.

(2.) Claim petition was filed by Leela Gupta (wife of the deceased motor accident victim, Ganga Prasad Gupta) and three minor children under the guardianship of their mother, claiming a sum of Rs. 7,00,000 as compensation.

(3.) It is not disputed, in the instant case, that Ganga Prasad Gupta was working as officiating Executive Engineer in the Department of Irrigation, Government of U.P. at the relevant time and while he was on official duty and going through government vehicle (jeep No. USM 3905) driven by the government employed driver, he met with an accident and died instantaneously on the spot on 8.7.1985 at about 11 p.m. within jurisdiction of Police Station, Pipri, District Mirzapur (U.P.). Deceased was aged about 39 years at the time of his death and there was longevity in his family since his parents had lived up to 90 years.