BRIJ KALI DEVI Vs. RAMCHAND BISHAN SINGH

JUDGEMENT

(1.) SHRIMATI Brij Kali Devi widow of deceased Amrit Lal, her children and parents of Amrit Lal have filed this appeal under S.110-D of the Motor Vehicles Act against the award made by Motor Accidents Claims Tribunal, Allahabad dated 5-12-1973.

(2.) ON behalf of the appellants, it was claimed that on 2nd of Aug. 1969 at about 4 A.M., Amrit Lal, the deceased was going on his ekka laden with vegetables and fruits to Khuldabad Mandi in the district of Allahabad. A motor truck No. BRV 4263 which was being driven rashly and negligently came from behind and dashed against the ekka with the result Amrit Lal fell down from the ekka. He came under the truck and was crushed to death. At the time of his death, Amrit Lal was about 30 years old and was earning a sum of Rs. 750/- per month by dealing in wholesale supply of vegetables and fruits. Normally, members of Amrit Lal's family lived up to the age of 80 or 85 years and his life expectancy had been cut short by about 50 years. Thus Amrit Lal would have earned an amount not less than Rs. 4,50,000/- in his lifetime. If from out of this sum, the amount which the deceased would have spent on himself be deducted and an allowance is made for unforeseen events as also for receipt of compensation in a lump sum, the claimants will in any case, be entitled to receive a sum of Rs. 50,000/- by way of compensation for the loss of Amrit Lal's life. In addition they claimed a sum of Rs. 20,000/- as compensation for mental shock and physical pain suffered by the deceased and Rs. 780/- as compensation for the loss and destruction of Amrit Lal's merchandise, ekka and horse. The total claim made by the claimant thus came to Rs. 70,780/-.

(3.) BEING aggrieved by the award made by the Tribunal, the claimants have come up in appeal before this Court. According to them, the Tribunal should have, for the death of Amrit Lal, awarded compensation amounting to Rs. 50,000/- as claimed by them. They contend that the Tribunal erred in not at all adverting to their claim for Rs. 20,000/- as compensation for mental shock and physical pain suffered by the deceased, as also to that for Rs. 780/- for destruction of property belonging to the deceased. According to them, apart from compensation for the loss of Amrit Lal's life, they are entitled to receive Rs. 20,780/- as well under aforementioned two heads.