LAWS(P&H)-2005-12-8

RATNA CHAUDHURI Vs. STATE OF HARYANA

Decided On December 22, 2005
RATNA CHAUDHURI Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Challenge in this appeal is to the award dated 8.11.1996 passed by the Motor Accidents Claims Tribunal, Gurgaon (for short 'the Tribunal') whereby the Tribunal awarded a sum of Rs. 3,85,000 with interest at the rate of 12 per cent per annum to the parents of Aurobindo Chaudhuri, who died in a road accident on 21.10.1994.

(2.) Succinctly, the facts giving rise to this appeal are that on 21.10.1994 at about 3.30 p.m. deceased Aurobindo Chaudhuri, who was a third year MBA student, along with one Prateesh Barua was going on a moped, being driven by the latter, to Indian Institute of Planning and Management, Begumpur Khatola in order to deliver a lecture. As they were taking a turn towards the right side in order to go to village Begumpur Khatola, a Haryana Roadways bus bearing registration No. HR-36 5867, being driven by Jagdish Chand, respondent No. 2, came from opposite direction and struck against the moped. Both Prateesh Barua and Aurobindo Chaudhuri, who were riding the moped, received grievous injuries. Aurobindo Chaudhuri succumbed to the injuries while he was being shifted to General Hospital, Gurgaon. The matter was reported to the police and case under sections 279, 337 and 304-A of the Indian Penal Code was registered at Police Station Sadar, Gurgaon, against the driver of Haryana Roadways bus on the statement made by Prateesh Barua injured.

(3.) The parents of deceased Aurobindo Chaudhuri filed claim petition and they claimed Rs. 25,00,000 as compensation for the death of their son. According to the claimants, Aurobindo Chaudhuri would have been earning Rs. 10,000 as salary plus perks per month as he had got a brilliant academic career. Besides his studies he was also working as Teaching Assistant and used to deliver lectures to the students of Rural Management Programme, at the Indian Institute of Planning and Management, New Delhi (for short 'the Institute') and was getting Rs. 300 per lecture of 90 minutes. They also claimed Rs. 5,000 having been spent on last rites of their son.