COMMONWEALTH ASSURANCE CO LTD Vs. NILIMA SARKAR

JUDGEMENT

(1.) This appeal is at the instance of the New India Assurance Co. Ltd. and directed against the award dated January 15,1972 of the Motor Accidents Claims Tribunal.

(2.) The respondent Sm. Nilima Sarkar filed three applications under section 110A of the Motor Vehicles Act, 1939, hereinafter referred to as the Act, praying for an award of compensation for herself, her husband and her son. Her case was that her husband, late Sukumar Sarkar, was at the relevant time an Assistant Commissioner of Commercial Taxes, Singbhum Circle, Jamshedpur, under the Government of Bihar. He came to Calcutta along with his wife, the respondent and his children by road in his private Ambassador car during Christmas holidays. After spending the holidays, he was going back to Jamshedpur by road in the same car. Shorn of other details, it may be stated that when his car reached Samudrapur, a place within 10 miles off Kharagpur, along the Bombay Road, it came face to face with a Truck (WGB 1760) from the opposite direction which managed to escape a serious accident with Mr. Sarkar's Ambassador car excepting that the front side of the car touched or grazed the backside of the truck. The said truck was towing a tar-boiler connected to it with a piece of rope. Due to the short impact between the truck and the car, the piece of rope gave way, thereby separating the offending car from the tar-boiler. As a result, the tar-boiler changed its direction by its own inertia and made a serious impact on the front portion of Mr. Sarkar's car, practically a head-on collision, giving rise to the most grievous accident on the 1st day of January, 1969. The respondent, Sm. Nilima Sarkar, the wife of the said Sukumar Sarkar,. received serious injuries, while her husband, the said Sukumar Sarkar and her 12 year old son, a promising boy of an English School at Jamshedpur, named Subrata Sarkar, died soon after the accident on the same day. The three victims of the accident were removed to Midnapur Sadar Hospital, about 8/9 miles away, by an Ambulance and with the help of an Advocate, Mr. Sunil Kumar Sen, who per chance had been proceeding along the Bombay Road in his own car at a little distance away following the car of Mr. Sarkar.

(3.) The respondent had eventually survived the accident although she had to be treated for a long time for the serious injuries sustained by her. She claimed that her husband who died by the accident was due for promotion to the post of Deputy Commissioner of Commercial Taxes, and that he died at the age of 48 years, thereby suffering loss of 10 years of valuable service under the Government. She also claimed that her son, Subrata, aged about 12 years, who also died by the same accident, was a promising boy of an English School at Jamshedpur. In the three applications, she claimed compensation of Rs.10,000/- for herself, Rs.2,00,000/- for her deceased husband, and Rs. 50,000/- for her deceased 12 year old son, Subrata.