KRISHNA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appeal is against the dismissal of the petition claiming for compensation for death of a male aged 19 to 20 in a motor accident that had taken place on 17.9.1992. The accident was said to have taken place at the time when the deceased was travelling on a bicycle and the military truck owned by the Union and driven by the second respondent was attempting to overtake the bus and dashed against the cyclist coming from the opposite direction. The incident was spoken to by one Madan Lal as an eye witness. Incidentally he was also the author of the FIR which was registered on the same day and he had made specific reference to the involvement of the military truck.

(2.) THE accident was denied by the second respondent who has driven the truck at the relevant time. His version was that he was not actually the driver but he was however driving the truck at the relevant time since the driver assigned to the vehicle had taken ill. He noticed that there was yet another bus coming from the opposite direction that dashed against the cyclist and he in, order to save a further collision, pulled the vehicle to the extreme right. His contention was that there was no collision with this truck but the collision had been caused by the another bus which had sped. The second respondent was unable to however give any information regarding the details of the other bus against the cyclist.

(3.) THE deceased was a carpenter and considering the fact that it was a case of the year 1992 I will take the expectations of the parents as contributed to the family at not less than Rs. 1000/ - per month and apply a multiplier of 18 and take the loss of dependency at Rs. 2,16,000/ - provide for Rs. 50,000/ - for loss of love and affection and add up the conventional heads like funeral expenses and loss to estate by another sum of Rs. 9,000/ - and assess the compensation payable at Rs. 2,75,000/ -. The amount granted shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment. The liability shall be on the Union being the owner of the military truck.