CHEEDARABOYINA YESUDAYAMMA Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) The unsuccessful plaintiffs 1 and 2 in OS No. 2 of 1984 on the file of Subordinate Judge, Ongole, are the appellants. The defendant in the suit is the 1st respondent and the 3rd plaintiff in the suit is the 2nd respondent in the present appeal. The plaintiffs filed the suit as indigent persons for recovery of Rs. 50,000.00 towards compensation from the 1st respondent-defendant, consequent on the death of the husband of the 1st plaintiff i.e., the 1st appellant, in a Railway accident on 13-4-1983 at Chavatapalem.

(2.) For the purpose of convenience, the parties are referred to as 'plaintiffs' and 'defendant' as arrayed in the Court below.

(3.) The allegations in the plaint are that the plaintiffs are the wife, daughter and father of late Sri Venkata Rao, owning a double bullock cart and plying it on hire, himself acting as driver, earning Rs. 15.00 to Rs. 20.00 per day throughout the year and at times more than that and that the plaintiffs had been depending upon his earning only for their sustenance and he was the only earning member of the family and that on 13-4-1983, the said Venkata Rao along with his cart had been to Chavatapalem and while returning back to his village i.e., Kodavakuduru, on his way while crossing the Railway track at the unmanned level crossing, known as Hanuman gate, between Chavatapalem and Ammanabrole No. 44 Kakinada - Madras Circar Express, which was proceeding towards Madras in high speed, the driver driving it in a negligent manner without giving any whistle and caution, hit the cart of the said Venkata Rao and as a result of which both his bulls died on the spot and the cart was badly damaged beyond repair and he himself sustained serious and grievous injuries. Though he was immediately taken to the Government Hospital, Chirala, unfortunately on the same night he breathed his last and on account of his death, the plaintiffs had been deprived of the support of the deceased on whom they were solely depending for their sustenance and who was the only bread winner of the family and that but for the premature death, he being only 22 years old, the said Venkata Rao would have supported and provided them all amenities and comforts for a period of 35 years or even more and thus they are deprived of his earnings to tune of Rs. 35,000.00 and besides that they have also suffered a loss of Rs. 15,000.00 on account of the death of the bulls and damage of the cart and that the accident had occurred solely due to the negligence of the driver in driving the train without giving any caution or whistle and had he given whistle and had been cautious, the accident could have been avoided and hence the plaintiffs are entitled to claim compensation.