UNION OF INDIA Vs. SHOBHA BAI

JUDGEMENT

(1.) IN view of the ground disclosed in the petition u/s 5 of the Limitation Act the delay of 20 days in filing the appeal is condoned. I have heard the learned counsel for the appellants on admission.

(2.) THE deceased was son of he claimants 2 and 3, husband of claimant No. 1 and also father of other claimants. He was 45 years old when he died in a vehicular accident. The truck of the appellant was moving from one side and the deceased was coming from front side on the bicycle. The truck and bicycle collided and the deceased expired due to the injuries suffered. Learned counsel for the appellant urges that another truck was also parked on the road and when the cyclist tried to pass by the side of the truck, he was not seen by the driver of the truck from the front side. So the argument is that it is not purely negligence of the driver of the appellant's truck.

(3.) CONSIDERING these aspects and the labour required to be put in agricultural work, his age being about 45 years and also he being the father of 4 children, the Tribunal has in fact taken a very low estimate of the benefits to the family by the labour and earning of the deceased.