KISHAN LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) THESE two appeals have been preferred against the judgment of the Motor Accidents Claims Tribunal, Allahabad, dated 11th May, 1977, partly decreeing the claim of Kishan Lal and Smt. Kamla Rani (herein after referred to as the respondents) for the recovery of Rs. 12800/-with interest at the rate of 6% per annum for the death of their son, Rajiv Kumar alias Pappu, in the accident which occurred on 5th March, 1973.

(2.) THE case of the respondents was that while Rajiv Kumar was returning from his school, Agrasen Inter College, Allahabad, at 430 P.M. on 5th March, 1973, and was in front of Military Dairy form near Phanai Imli, Grand Trunk Road, bus No. U.T.B. 2101 driven by Ram Jiwan Pandey, dahsed the deceased who was on a cycle and threw him on the road. Rajiv Kumar was, thereafter, run over by the Bus causing his instantaneous death at the spot. The cycle was also crushed. The respondents alleged that the accident occurred due to rash and negligent driving of the Bus by its driver and, as such, they were entitled to get compensation in the sum of Rs. 80,000/-. Out of Rs. 80,000/-, Rs. 10,000/- had been claimed for mental shock and Rs. 70,000/- as damages on account of death. The respondents asserted that Rajiv Kumar alias Pappu was a bright student in Class IX in Agrasen Inter College, and that he had a very bright future. They also asserted that the deceased was helping in the business of his father and was making substantial income.

(3.) ON the pleadings, the Tribunal framed five issues. Issue No. 2 was the main issue, which was as follows : Whether the passenger Bus no. U.T.B. 2101 was being driven rashly or negligently at the time of the occurrence ?