(1.) These are two connected appeals under S.110D of the Motor Vehicles Act against the award dated 17th October 1977 made by the Motor Accidents Claims Tribunal (Additional District Judge Court No.1) Kanpur allowing the petition for recovery of Rs. 75,000/- as compensation with interest at 6% from the date of the petition onwards till recovery. The liability of opposite party No.1-Respondent No. 4 was fixed at Rs. 37,500/-. The liability of Opposite Parties Nos. 2 and 3 appellants was also fixed at a similar amount.
(2.) One Ram Shanker Gupta met with an accident on 12th Jan,1971, at about 8 A. M. at the Farrukhabad Kanpur Road, the accident took place near river Esan at Bilhaur, P. S. Bilhaur, District Kanpur. Ram Shanker Gupta was travelling in a Roadways Bus No. UPI 281 on his way from Tirwa in District Farrukhabad to Kanpur. A truck was going ahead of the Bus. D. W. 2 Ram Pal Singh was the driver of the Bus. The driver of the Bus gave a horn for overtaking the truck which was going on the middle of the road. He ultimately tried to overtake the truck and came on the extreme right side. Truck No. USD 7556 was coming from the side of Kanpur. D. W. 4 Yagya Dutt was the driver of the truck. When the Bus had almost crossed half of the truck going ahead of it, the accident took place. The right side of the Bus collided with the right side of the truck coming from the side of Kanpur. All the occupants of the Bus were seriously injured. Ram Shanker Gupta later succumbed to the injuries and died as a result of the same.
(3.) On 12th July 1971, the claimants filed an application for Rs. 1,25,000/- as compensation. Claimant No. 1 is the widow of the deceased aged about 32 years. Claimant No. 2 is the minor daughter of the deceased aged about 8 years. Claimant No. 3 is the aged mother of the deceased. The deceased carried on Sarafa business and his monthly income was given as Rs. 500/-. The life expectancy was alleged to be 35 years. The claimants expected that the deceased would have spent Rs. 250/- per mensem for them. The annual dependency was fixed at Rs. 3000/-. The pecuniary loss of Rs. 1,05,000/- was fixed by calculating the loss for 35 years. A sum of Rs. 15,000/- was claimed as the money which the deceased would have spent on his daughter's marriage. Rs. 5000/- was claimed for mental and bodily pain and agony.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN