AYESHA MOHAMMAD KHAN Vs. JYOTI M. ASAWA

JUDGEMENT

(1.) THE appellants are the original claimants in Motor Accident Claim Case No. 72 of 1984 filed before the Motor Accidents Claims Tribunal, Raigad, Alibag and the appeal is filed to challenge judgment dated August 17, 1985, whereby the Tribunal determined the total compensation payable to the claimants as Rs. 50,000/ - inclusive of Rs. 15,000/ - awarded under the 'no fault liability' by order dated March 25, 1985. The facts giving rise to passing of this award are as follows.

(2.) MOHAMMAD Alimuddin Khan, the husband of appellant No. 1 and father of appellant Nos. 2 and 3, was a young man of 29 years and was carrying on business in partnership with his real brother. The business was carried on in the name of M/s. Siglass and Co. The business premises were situated at Prabhadevi in Bombay city. On February 14, 1984, the deceased had gone to Talegaon in Pune District for purchasing glass materials for the factory and was returning on his scooter bearing registration No. MMM 4064. The deceased was driving the scooter near Konkan Bhavan at Vashi in New Bombay at about 10.30 p.m. while returning to Bombay. The road near Konkan Bhavan is a tar road of 22 ft. width and on either side of the road there is a 5 ft. kacha road. The road is divided by a white strip. While the deceased was riding the scooter near Konkan Bhavan on the left hand side of the road a truck owned by respondent No. 1 and bearing registration No. MTO 6719 came from the opposite direction, crossed the dividing line and dashed against the scooter. The impact took place about 2 ft. on the wrong side of the white strip and from the place of impact the truck dragged the scooter for about 25 ft. and then stopped with the scooter under the wheel. The deceased suffered severe injuries and died on the spot. A complaint bearing Crime Register No. 38 of 1984 was registered at the Panval Town Police Station. The deceased left behind the widow, a minor son aged 5 years, a minor daughter aged 2 years and the aged mother as his legal representatives.

(3.) ON the strength of this evidence the Tribunal came to the conclusion that the truck driver was rash and negligent and the deceased suffered injuries in the accident which led to his death. As regards the quantum of compensation, the Tribunal did not apply any well settled principles, but observed that the evidence of the income of the deceased was not satisfactory and proceeded to grant composite amount of Rs. 50,000/ - on the submission of counsel for the respondents. The amount of Rs. 50,000/ -, held the Tribunal, would cover the compensation for loss of consortium as well as Rs. 15,000/ - under the 'no fault liability' awarded by order dated March 25, 1985. The Tribunal then gave direction for deposit of amount of Rs. 15,000/ -each in favour of the two minor children and directed that Rs. 5,000/ - should be deposited in the name of the mother Halimunnisa for a duration of five years. The award passed by the Motor Accidents Claims Tribunal is under challenge.