NARENDRA PAL GUPTA Vs. H B POPLI

JUDGEMENT

(1.) THIS appeal has been preferred by the claimants-appellants against the award dated 31. 12. 1985, in Claim Case No. 5 of 1983, passed by Mr. R. K. Sharma, Member, Motor Accidents Claims Tribunal, Morena.

(2.) THE facts giving rise to the present appeal are thus: That the appellants-claimants are father and mother respectively of the deceased Rajendra Pal, who met with an accident and died at the young age of 24 years. It is said that on 23. 10. 1982 at about 12. 15 p. m. Rajendra Pal, the deceased, was driving motor cycle No. 627 on the way from Morena to Gwalior. Narendra Pal (father of the deceased) just following him also proceeded on a scooter with Rakesh, AW 4, sitting as pillion rider. As soon as the deceased Rajendra Pal reached near the Chhofa Gaon a car bearing No. CP. W. 277 came from the opposite direction at an excessive speed and dashed against motor cycle driven by Rajendra Pal. Rajendra Pal sustained serious injuries on his legs and other parts of the body. Appellant Narendra Pal took lift in the same car and brought his son Rajendra Pal to Morena Hospital. He was examined by a doctor, who advised that he be shifted to Gwalior and accordingly he was shifted to J. A. Hospital, Gwalior, where on 24. 10. 1982 at about 2. 15 p. m. he died. Death certificate, Exh. P-21, is on record.

(3.) CLAIMANTS' case is that Rajendra Pal was a young boy, dealing in electrical goods in a shop named Leela Traders and was earning near about Rs. 1,000/- p. m. He was also a student of LL. B. , IInd year, as well as President of Students Union. He was quite healthy and had extra-curricular activities. Under different heads in all Rs. 16,00,000/- were claimed as compensation.