DARSHAN SINGH Vs. BIMLA RANITL

JUDGEMENT

(1.) THIS first appeal from order arises out of an award passed by the Motor Accident Claims Tribunal (V. Addl. District and Sessions Judge) Saharanpur awarding a sum of Rs. 24,528/- as compensation to the claimant Smt. Bimla Rani as against the two appellants and interest from the date of accident till the date of payment of the aforesaid amount @ 6% per annum. The claim against insurer M/s. New India Insurance Company was dismissed. The appellants, who have been directed to pay the entire amount of compensation, have filed this appeal.

(2.) THE accident took place in the city of Saharanpur on 5th Nov. 1977 in which one Arun Kumar, son of the claimant was fatally injured by the motor truck No. USV 8320. The vehicle was owned by Ranjit Singh and was being driven by Darshan Singh. Arun Kumar was aged only 14 years and he was son of an Editor of a local daily newspaper. He was crashed in the accident and was removed to the hospital where he died seen thereafter. Bimla Rani mother of the deceased filed a claim petition praying for Rs. 50,000/- as compensation. It was alleged that the accident was caused due to rash and negligent driving Notice was issued to the Insurer and it was made a party in the proceeding. The present appellants filed their joint written statement. The fact that Arun Kumar was hit by vehicle No. USV 8320 at Banerji road on 5th Nov., 1977 at about 2 p.m. was not disputed. The fact that Ranjit Singh was the owner of the said truck was also not disputed. But it was stated that at the relevant time, the truck was not being driven by Darshan Singh. It was also denied that there was any rash or negligent driving. It was further denied that Arun Kumar was earning any amount or doing any electrical Job. The amount claimed was said to be highly excessive.

(3.) THE Tribunal held that the accident took place due to rash and negligent driving on the part of the driver of truck No. USV No. 8320. The driver was Sri Dharshan Singh. The truck was insured with the Insurer M/s. New India Insurance Company. Further finding of the Tribunal was that at the time of accident, the truck was not being driven by duly licenced driver and as such, the Insurer was not liable to pay any amount of compensation. No evidence has been led to show that the motor truck in question did not have valid registration and valid route permit. Consequently the issue was answered against the Insurer. On the question of compensation, the Tribunal held that Arun Kumar made contribution of an average of Fs. 120/- per month to his mother and he would have continued to do so for the next 11 years and thereafter for the next 16 years at the rate of Rs. 160/- per month. The Tribunal thus calculated that Arun Kumar would have contributed to his mother a sum of Rs. 36,440/- during her life time and deducting 30 per cent from the above as lump sum payment was called for, ultimately held that a sum of Rs. 24,528/- was payable as compensation in this case. It was also observed that "the personal suffering regarding bodily pain etc., of Arun Kumar cannot obviously be cashed in this claim." this amount was made payable as against O.P. Nos. 1 and 2 i.e. the present appellants whose liability was held to be joint and several. The Insurance Company was not held to be liable to made payment of any amount.