ZAKARIA Vs. NAOSHIR CAMA

JUDGEMENT

(1.) Questions of substantial import relating to the claims arising our of Motor Accidents arise for consideration in this appeal.

(2.) The appeal relates to a claim arising out of a motor accident which took place on 4/06/1967 on what is popularly known as Tank Bound Road which connects the twin cities of Hyderabad and Secunderabad. One M.A. Khader (hereinafter called the deceased) met with his death in the accident. He was then driving a scooter which collided with a convertible standard Herald car bearing registration No. KLE 2860 which was being driven by the 1st respondent. The five legal representatives of the deceased who include his parents, his widow and his children, filed O.P. 176/67 before the Motor Accidents Claims Tribunal under Section 110-A of the Motor Vehicles Act, 1939 claiming compensation in a sum of Rs. 4,53,222.00. There are many respondents to the action, the 1st respondent being the person who was driving the car. The 2nd respondent is the Hindustan General Insurance Society Limited with which the car was insured. The car originally belonged to one N.C. Cama who had died intestate on 23/04/1967 leaving behind him several heirs. Along with 1st respondent, respondents 8 to 10 are those heirs.

(3.) We will now notice the respective contentions of the parties who may be broadly analysed into three categories. The petitioners are one, respondents 1, 3 to 10 are another and the 2nd respondent viz., the Insurance Company is the third. The petitioners allege that on 4-6-1967 at about 5.15 P.M. the deceased was proceeding on his Vespa scooter along the Tank Bund road from Secunderabad side to Hyderabad. The 1st respondent was proceeding from the Hyderabad side to Secunderabad side in the motor car with six other persons sitting in it and himself driving it. He was driving the car in a rash and negligent manner as a result of which a collision between the car and the scooter took place near an electric pole No. T.S. 150/22. The deceased sustained multiple injuries on the head, chest, leg etc., and died practically instantaneously before any medical aid could be rendered to him. His monthly income was between Rs.1200.00 to Rs.1300.00. If his earnings and his future prospects are considered, the loss of earning capacity for the next thirty years would amount to 4 and half lakh of rupees at the rate of Rs. 15,000.00 per annum. A sum of Rs. 3,222 is claimed separately as damages for the destruction of the scooter.