JYOTI Vs. SOM NATH OBERAI

JUDGEMENT

(1.) Heard Sri Neeraj Tripathi, learned counsel for the appellant. List revised. No one appears on behalf of the respondent.

(2.) The appellant is the claimant. In an accident held on 13.04.1981 at about 8.30a.m. at Nainital Road deceased Veer Nath was going to his house on a by-cycle on his left hand side of the road. His wife Smt. Jito and his daughter Km. Sheetj going ahead of him in a rickshaw which was also being driven by the rickshaw-puller. Car No.UTI-7252 being driven rashly and negligently hit the rickshaw, in which claimant suffered injuries and her husband Veer Nath and daughter died. Her husband was Collection Amin and was an employee of the State Government. After his death the claimant was getting family pension. The compensation under the Motor Vehicles Act has been denied on the ground that the claimant was getting family pension and there was no loss of income.

(3.) Learned counsel for the appellant submitted that the claimant is getting family pension of her husband, being a State Government employee. While compensation is being paid under the Motor Vehicles Act wherein on account of death the loss of income is to be determined. Reliance is placed on the Division Bench decision of this Court in the case of State of Uttar Pradesh Vs. Bhagwati Pawar, 1990 1 LAWS(ALL) 34 and the decision of the Apex Court in the case of N.Sivammal and others Vs. The Managing Director, Pandian Roadways Corpn. and another, 1985 AIR(SC) 106.