A LAKSHMI Vs. ARJUN ASSOCIATED P LTD

JUDGEMENT

(1.) The question of law that arises for consideration in this appeal would be, while computing the compensation payable to the claimant under the provisions of Motor Vehicles Act (for short 'the Act'), the contractual benefits that accrued to a person on the happening of a particular event i.e., either retirement or death or in cases of policy after the expiry of period can be deducted on the ground that it amounts to double benefit.

(2.) The factual matrix of the case is that the deceased A. Sudarshan, husband of the first claimant and father of the other claimants, working as a Lineman in A.P.S.E.B. and earning a sum of Rs.6,300/- as salary per month. On the fateful day i.e., on 25-6-1996, while he was going from his office on a scooter towards Lingampally near Aluminium Industries, a lorry bearing No.TSL1668 came in the opposite direction in a rash and negligent manner and dashed against the scooterist. As a result of this accident, he received grievous injuries and succumbed to the injuries while he was being taken to the hospital.

(3.) The claimants filed O.P. No.785 of 1998 on the file of Chairman, Motor Accident Claims Tribunal-cum-I Additional District Judge, Ranga Reddy District at L.B.Nagar, Hyderabad, claiming a compensation of Rs.6,00,000/- stating all the facts. They also stated that at the time of death, the deceased was aged 45 years. The respondents resisted the claim saying that the accident has occurred due to the negligence on the part of the deceased, but not because of the rash and negligent driving of the said lorry by its driver. On the basis of the above pleadings, the Trial Court framed the following issues: