UNION OF INDIA Vs. DHANRAJI DEVI

JUDGEMENT

(1.) UNION of India has come up in appeal against an award of the Motor Accidents Claims Tribunal awarding a sum of Rs. 50,000/- to the claimants. According to the claimants two cyclists were going in front of the Military truck belonging to the appellant which hit one of the cyclists as a result of which that cycle collided with the other cycle on which the deceased was riding on the pillion. As a result of this collision the pillion driver sustained fatal injuries hence the claimants filed the petition claiming rupees one lac as compensation.

(2.) SRI Shekhar Srivastava has raised only one question before the Court in support of this appeal. According to him there was no collision between the truck and the cycle on which the deceased was travelling. Since the truck had only hit the other cyclist the deceased did not meet his death due to an accident caused by use of the motor vehicle belonging to the appellant.

(3.) THE learned Counsel also vainly argued that the amount of com pensation awarded was too high and excessive. Here also it is difficult to agree. The deceased was 35 years of age and was in Government Service. He was admittedly getting Rs. 495-45 P. as salary, Rs. 260/- being his basic pay. Ordinarily as a Government servant he would have continued in service till the age of 55 years and there after he would have been entitled to pensionary benefits also. The Court below has taken these into account to arrive at a figure of Rs. 1,08,900/- which has been slashed by more than 50% to arrive at the final compensation amount of Rs. 50,000/-. In my opinion the award cannot be said to be excessive.