OM PRAKASH AGARWAL Vs. UTTAR PRADESH ROAD TRANSPORT

JUDGEMENT

(1.) ON 31st May, 1975, at about 8.20 P.M., Anil Kumar, the son of the appellants, was travelling in Bus No. UPP 6994 owned by the U.P. State Road Transport Corporation. The aforesaid bus collided with bus No. UPB 7245 belonging to the same respondent. Anil Kumar received grievous injuries. He was declared dead when he was taken to the hospital for treatment. At the time of the accident, Anil Kumar, who was post Graduate Diploma in refrigeration, was working as supervisor in Modi Rubber Ltd., Modipuram Meerut He was getting Rs. 350/- per Month as allowance for apprenticeships. After completing his educational career, he was likely to be absorbed by the Modi Rubber Ltd., in the grade of Rs. 550-1100. On the death of Anil Kumar, the appellants who are father and mother of the deceased respectively, preferred a claim of Rs. 1.00,000/- alleging that the accident occurred because of the negligence of the drivers of both the buses. The appellants claimed that on account of the death of Anil Kumar, they have been deprived of the pecuniary benefit.

(2.) THE claim was contested by the U.P. State Road Transport Corporation (hereinafter referred to as Corporation). The Corporation admitted the accident. It, however, pleaded that the accident was not the result of negligence of the drivers of the two buses aforesaid but was an act of God.

(3.) THE Tribunal held that the accident occurred due to the negligence of the drivers of the two buses and that it was not due to vismajor.