PRAKASH CHANDRA Vs. JOGENDRASINGH

JUDGEMENT

(1.) THIS is an appeal by the legal representatives of deceased Dilip Kumar, who died on 6-4-1976 as a result of motor vehicle accident which occurred on 18-3-1976 at Dhamnod near Dhamnod bus stand.

(2.) APPELLANTS Nos. 1 and 2 are the parents of the deceased and appellants Nos. 3 to 7 are his brothers and sisters. Deceased Dilip Kumar was aged about 25 years and was holding M. Sc. degree. He was employed as Quality Inspector in the Food Corporation of India and his monthly emoluments were Rs. 425/ -. The offending vehicle truck No. D. H. C. 4121 belonged to respondent No. 1 Jogendra-singh and was insured with the respondent No. 3 Oriental Fire and General Insurance Co. Ltd. Respondent No. 2 Chetram was driving the said vehicle on the date and time of the accident. These are undisputed facts.

(3.) ACCORDING to the appellants, on 18-3-76 at about 2. 30 p. m. deceased Dilip Kumar was proceeding from the Bank to his office on a cycle. Truck No. D. H. C. 4121 driven by respondent No. 2 Chetram came from behind and dashed against his cycle. The driver was driving the vehicle in a rash and negligent manner, just before hitting deceased Dilip Kumar, the truck had dashed (against) an old man sitting on the left side of the road. The old man also died due to the accident. The driver lost his balance and then dashed against deceased Dilip Kumar. As a result of the accident. Dilip Kumar received several external and internal injuries. His kidney was damaged and pelvic bone was fractured. He was shifted to the M. Y. Hospital, Indore but he succumbed to the injuries on 6-4-1976. Appellants claimed Rs. 1 lac as compensation on the ground that deceased Dilip Kumar contributed substantially to the family expenditure and appellants were deprived thereof due to his untimely death.