STATE OF MAHARASHTRA Vs. SATPAL KAUR NIRANJAN SINGH

JUDGEMENT

(1.) This appeal is filed by the State of Maharashtra against an award of the Motor Accident Claims Tribunal granting Rs. 2,00,000/- as compensation to the widow and children of deceased Niranjan Singh Bhola Singh, who died in an accident caused by virtue of the negligence of the driver of a milk van belonging to the State Government. After hearing Mr. Kotwal, the Government Pleader, at length we are satisfied that if at all there is any error committed by the Tribunal, it is in favour of the Government and not in favour of the claimants at all.

(2.) The facts of the case, which are no longer in dispute, are as follows : Deceased Niranjan Singh was born on 10th September, 1937. On the date of the accident which took place on 7th June, 1972 at about 10.00 a.m. he was 34 years, 8 months and 27 days in age. He was working with Prestolite of India Limited as a Liasion Officer since 14th September, 1964 and on the date of the accident he was drawing a salary of Rs. 950/- p.m. However, his pay packet contained Rs. 1,350/- because he got conveyance allowance of Rs. 150/- p.m. entertainment allowance of Rs. 50/- p.m. and special allowance of Rs. 200/- p.m. On the date of the accident, 7th June, 1972 he was going on his scooter and near Smashan Tekadi, Western Express Highway, Jogeshwari, he had stopped was somewhat out of order. He took the scooter to the extreme left side of the road and was bending the doing some reparing work. It is nobodys case that he was obstructing the traffic in the least possible way. While he was repairing the scooter at the extreme left side of the road, a milk van belonging to the Government came from south to north. Evidently, it was in great speed. There was no reason why the milk van should have knocked down the deceased. But that it what the van did The only inference that could be drawn is that the driver was driving the vehicle recklessly and in a rash and negligent manner. This fact is no longer in dispute and hence the same may be taken as proved. The collision was of such a grivous nature that Niranjans skull was broken. He bleeded profusely from the mouth as also from other parts of his body and died instantaneously. The driver of the vehicle no doubt stopped the vehicle at some distance from the place of the accident, but be did not report the accident to the police and in fact wanted to run away after the accident. Fortunately, however, he was caught hold of by one of the eye witness as also by some other members of the public. It was in these circumstances that the widow and the children of deceased Niranjan filed an application before the Motor Accident Claims Tribunal or Greater Bombay for claiming damages for the estate of the deceased. The damages claimed were in the sum of Rs. 3,00,000/-.

(3.) There is no dispute that the deceased left his widow, who was 27 years of age on the date of the accident, and three children, Arvinder Kaur daughter, of the age of 9 years, Gurvinder Singh son of the age of 7 years the Bobby-Son of the age of 1 year only.