ABDUL RASHID Vs. PYARI DEVI

JUDGEMENT

(1.) THIS is an appeal against the order dated 13.10.1993 passed by Shri R.S. Kashyap, then IV Addl. District Judge, Varanasi in Civil Misc. Case No. 9 of 1993 Abdul Rashid v. Smt. Pyari Devi.

(2.) THE facts relevant for disposal of this appeal are that the petitioner-opposite party Nos. 1 and 2 had filed Motor Accident Claim Petition No. 75 of 1989 against the opposite party repsondent Nos. 1 and 2 and respondent No. 3 for recovery of Rs. 7,38,000/- as compensation from the opposite parties. It was alleged in that petition that Shesh Narain Singh, who was husband of the petitioner No. 1 Pyari Devi and father of petitioner No. 2 Awadesh Kumar Singh was coming on car No. UPX 4056 from Varanasi on 17.11.1988. The car was being driven very slowly and carefully. However, when the car reached near village Rathauna on G.T. Road Police Station Mirzamurad, District Varanasi at about 12.30 mid night, truck No. UPW 3141 came from the side of Allahabad. It was owned by appellant No. 1 Abdul Rashid and was being driven by Shiv Bodhan appellant No. 2 in negligent manner. It collided with the car. Consequently, Shesh Narain Singh, car driver and one Vijai Narain Singh died as a result of the injuries received by them in that incident. The truck driver ran away leaving the truck on the spot. F.I.R. of the incident was lodged by Ram Jiawan Singh at Police Station Mirzamurad, Varanasi, and on the basis of the same a case under Sections 279,304- A and 427, I.P.C. was registered against the driver of the truck. Shesh Narain Singh's age was 50 years at that time. He was earning Rs. 2,000/- per month by selling milk of buffalo and cow and he was also saving Rs. 10,000/- per year by doing agricultural work. The petitioners, therefore, claimed Rs. 6,80,000/- for monetary loss for a period of twenty years at the rate of Rs. 34,000/- per annum + Rs. 10,000/- for the loss of consortium to petitioner No. 1 + Rs. 10,000/- for mental agony to petitioner No. 1 and Rs. 10,000/- for mental agony for petitioner No. 2; Rs. 3,000/- for funeral expenses and Rs. 25,000/- for no fault liability, in all Rs. 7,38,000/-.

(3.) THE learned Presiding Officer of the Motor Accident Claims Tribunal after hearing of the case decreed it for recovery of Rs. 6,80,000/- as compensation from the opposite party appellants. It was dismissed against opposite party respondent No. 3 Smt. Madhuri Devi. This order was passed on 29.4.1991.