SONIA Vs. RAM NARAIN GUPTA

JUDGEMENT

(1.) The present appeal under section 110-D of Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') is directed against the order dated 11.4.1980 passed by the Motor Accidents Claims Tribunal/Third Additional District Judge, Allahabad, by which a total sum of Rs. 45,000 has been awarded towards the compensation.

(2.) The brief facts of the case are that on 12.11.1975 at 10 a.m. near village Atsarai, G.T. Road, Saini Police Circle, District Allahabad, when deceased was going on his left on the road a truck No. USF 4283 which was being driven rashly and negligently struck him and crushed him to death on the spot. The deceased left behind his widow, Sonia and two minor children and his father Durga Din, who have filed the claim petition as the claimants under the Act. The deceased was 26 years of age at the time of accident and used to carry on marketing of agricultural produce, garden keeping and skilled labourer. The Tribunal on the consideration of entire facts and circumstances estimated annual income of the deceased at Rs. 4,130 and after deducting 33 per cent the amount which could be used on himself a sum of Rs. 2,750 was estimated which the deceased was expected to spend every year on his dependants had he been alive. The Claims Tribunal further observed that the deceased would have survived for 34 years more. Thus the total money expected to be spent by the deceased on the dependants was estimated at Rs. 93,500. The Tribunal thereafter made a deduction of Rs. 25,000 on the ground that the father was 78 years old and cannot be expected to live for a long time and the minor would become major in a period of much less than 34 years and they would cease to be dependants. The Claims Tribunal further reduced the amount by 33 per cent on account of lump sum payment which was calculated at Rs. 23,233. The Tribunal further allowed a sum of Rs. 500 towards mental shock and physical pain and suffering and a sum of Rs. 100 was allowed for loss of conjugal consortium and for the loss of paternal affection and care to the minor children. The Tribunal has also awarded a sum of Rs. 500 towards the funeral expenses. Being aggrieved by the order of the Tribunal the claimants filed the present appeal.

(3.) I have heard Mr. Sarv Singh, holding brief of Mr. A.L. Jaiswal, learned counsel for the appellants and Mr. A.K. Srivastava, learned counsel for the respondent No. 2.