KAUSHALYA BAI Vs. SIMPLEX METALICS

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act, 1908 therein after referred to as 'the Act') has been directed by the claimants against the award dated 17th February, 1981 made by the Motor Accidents Claims Tribunal, Jabalpur in Claim Case No. 45 of 1977, dismissing the claim of the appellants.

(2.) ON 18th July, 1977 at about 8.00 a.m. there was an accident on the cross-road by the side of Military Officers, Mess, Jabalpur. The vehicles involved in this accident were a Fiat Car No. M.P.Q. 9106 belonging to respondent no. 1 Simplex Metalica driven by its partner respondent No. 2 Shri Chandrakant Shah and a Rajdoot Motor Cycle No. H.R.D. 6533 driven by deceased Amarjeet Singh, while his father Harbhagat Singh (now dead) was sitting behind him on the pillion seat. The Motor Cycle driven by deceased Amarjeet Singh came from the side of Third Railway Bridge heading towards Gorakhpur side in a moderate speed while the Fiat Car driven by the respondent no. 2 came from opposite direction and proceeding towards Third Railway Bridge in an excessive speed. The deceased Amarjeet Singh had negotiated the crossing of the road by turning towards his right side in order to proceed towards Gorakhpur but the driver of the car instead of proceeding straight from thecross-road turned his vehicle towards Gorakhpur side and dashed against the motor cycle on the left side; the clutch of the motor cycle get entangled in the door of the motor car, dragging it to some feet and then the motor cycle driver Amarjeet Singh and his father on the pillion seat were thrown off. The deceased Amarjeet Singh sustained head injuries while his father Harbhagat Singh sustained bodily injuries including the fracture. Amarjeet Singh and his father Harbhagat Singh were taken to Victoria Hospital in the same Fiat car by respondent no. 2 along with the witnesses Manbhajan Singh (A.W 5) Later on Amarjeet Singh was removed to the Medical College Hospital, where he succumbed to his injuries next day.

(3.) APPELLANT No. 1 is the mother of deceased Amarjeet Singh while appellant No. 2 is his widow and appellant no. 3 is minor son. Appellant nos. 4 to 9 are brothers and sisters of the deceased. At the time of the accident, the deceased was aged about 25 years and was a student of Fourth Year for Diploma Course in Fine Arts in Kala Niketan Institute, Jabalpur. He used to make Paintings and Fine Art Models and used to sell them. He had also applied to the State Bank of India for grant of loan for purchase of a Mini Bus to run as Taxi. He had also applied for grant of quarry lease for lime stone. It was contended that the deceased though studying in IVth year in the Fine Arts Diploma Course, he was earning a monthly income of Rs. 3000/- from Paintings and Models of Idols. The appellants, therefore, claimed a sum of Rs. 3 lacs (3,00,000) as compensation for the death of Amarjeet Singh.