ARUN KUMAR RASTOGI Vs. CHANDRA KUMARI

JUDGEMENT

(1.) These connected appeals under Section 110D, Motor Vehicles Act, are directed against an award of the Motor Accidents Claims Tribunal (Additional District Judge, Allahabad) dated December 20, 1977.

(2.) The claim petition was filed by Smt. Chandra Kumari alleging that her husband, Jaskaran Singh, deceased, was aged about 28 years. He was employed as a driver in truck No. UTE 1447 belonging to Arun Kumar Rastogi and his brother, the appellants. The salary paid was Rs. 400 per month besides Rs. 10 per day as diet allowance. On October 1, 1976, at about 11 p.m., Jaskaran Singh was driving the truck loaded with bricks from the brick kiln of Iradatganj, District Banda, when it met with an accident having dashed against a tree. Jaskaran Singh died instantaneously on account of the injuries sustained in the accident. The owners of the truck resisted the claim pleading that the accident took place due to rash and negligent driving by the deceased and that they are not liable to pay any amount by way of compensation in these proceedings. Other pleas were also taken including that the claimant is not the wife of Jaskaran Singh and that the petition is bad due to the mother of the deceased being not impleaded. The quantum of compensation claimed was also assailed as excessive and arbitrary. The insurer put in a separate written statement refuting the claim and contending that the deceased was not driving in the course of employment. The accident took place due to the negligence on his part and there was contravention also of the terms of the insurance policy.

(3.) The Tribunal came to the finding that the claimant is the wife of Jaskaran Singh, deceased. The mother of the deceased may have been a proper party to the proceedings, but her non-impleadment is not fatal. The accident took place while Jaskaran Singh was driving the truck in the course of his employment with the owners thereof. He was drawing a salary of Rs. 300 per month in addition to diet allowance at the rate of Rs. 5 per day. There was no negligence or rashness on his part. At the time of the death he was about 29 years of age and the compensation awarded was a sum of Rs. 36,000 besides interest at the rate of 6% per annum.