NATIONAL INSURANCE CO Vs. DULARI DEVI

JUDGEMENT

(1.) This is an insurer's appeal under Sections 110D of the Motor Vehicles Act, 1939. It is directed against an award given by the First Addl. Motor Accidents Claims Tribunal, Mathura, awarding a sum of Rs. 25,000 to the claimants-respondents as damages against the appellant as well as the owner and driver of the vehicle which was involved in the accident which resulted in the death of the husband of Smt. Dulari Devi.

(2.) The relevant facts are that Laxmi Narain, the husband of respondent No. ,1, was working as tank attendant in the water works at Mathura. On May 23, 1974, the deceased was going on a bicycle from his house towards Bharatpur Gate side. Near Ghia Mandi, he came under the wheels of Truck No. USE 4223 owned by Ved Pal, respondent No. 3, and being driven by Chhote Lal, the driver of the truck, and was crushed to death. The truck was laden with goods and was stated to be going on the wrong side of the road and at considerable speed. A claim was thereupon lodged by respondents Nos. 1 and 2, who are respectively the widow and the daughter of Laxmi Narain. They claimed a sum of Rs. 40,000 as damages. The claim was contested only by the appellant and not by the owner or the driver of the truck. The Motor Accidents Claims Tribunal has found that the deceased died due to the negligence of Chhote Lal, the driver of the truck, and assessed the damages payable to the claimant-respondents at Rs. 25,000 made up of Rs. 12,000 on account of the loss of contribution which the deceased would have made to the family for the remaining 15 years of his service, the deceased being about 45 years at the time of the accident and the age of retirement being 60 years, and Rs. 7,000 as loss of employer's contribution to the provident fund account of the deceased.

(3.) For the insurance company, learned counsel submitted that the Tribunal has committed two mistakes :