SUNDER MOHAN MATHUR Vs. AJIT SINGH

JUDGEMENT

(1.) This is Letters Patent Appeal against the judgment passed by learned single Judge of this Court dated 21-7-1989 in FAO No. 1175 of 1985 titled Sunder Mohan Mathur-appellant v. Ajit Singh, whereby he ordered the award of Rs. 40,000/- as compensation to Shri Sunder Mohan Mathur on account of the death of his son Nagesh Mathur aged 26 years in a motor vehicle accident that took place on 4-4-1983 at 3.30 P. M. at the turning near Badkhal Lake on Delhi-Gurgaon road.

(2.) Facts of the case are as follows :-Nagesh Mathur was employed with M/s. Eicher Goodearth Limited., 120 SIAN' Second Floor, Nehru Place, New Delhi as Technical Assistant. His duty was to supervise, check and inspect the performance of tractor manufactured by respondent No. 2 at Faridabad on the instructions of his employer and in the discharge of his duties, on 4-4-1983 he was deputed to check the performance of tractor No. HRC-170-C being driven by Ajit Singh driver of that tractor employed by respondent No. 2. This driver was driving the said tractor with trolley loaded with earth. Its performance was to be checked by Nagesh Mathur in the Capacity of Technical Assistant. He was sitting on the trolley of the tractor and watching its performance at about 3.30 p.m. on 4-4-1983 when tractor was being driven by Ajit Singh as instructed by the employer (respondent No. 2). Ajit Singh was driving the tractor recklessly, negligently and rashly at uncontrollable speed without taking any precautions. Due to rash and negligent driving, the driver lost control and the tractor and trolley over-turned when the tractor took turn near turning of Badkhal Lake at Gurgaon-Delhi road. Nagesh Mathur fell from the tractor trolley towards the right side of the road and sustained injuries. His body got buried in the piles of earth. He died due to suffocation because of fall of earth on him. He was born in November 1958. He passed intermediate (Science) in the year 1977 from Govt. Jubilee Inter College, Lucknow. After Inter (Science) he qualified three years in Automobiles Engineering in the year 1980 from Govt. Polytechnic, Lucknow. He had been working and earning right since the year 1980 after obtaining diploma certificate. He also worked in Western India Industries, 17, Nav Yug Market, Ghaziabad as Technical Assistant on monthly salary of Rs. 500/-. He was thereafter selected by respondent No. 2 at a salary of Rs. 750/- per month. He was given rise of Rs. 250/- on his previous salary on account of his past experience. Had his life not been cut short, he would have served his family for a long time. He was unmarried. He was the sole bread-winner of the family including his father. Besides his father, his sister was also dependent upon him. Nagesh Mathur's sister Kumari Dheera Mathur was of marriageable age. He was parting Rs. 500/- to the claimant. He would have gone upto the rank of General Manager of the company in the technical side had he remained alive. Apart from that he was deprived of the love and affection of his son. Loss of his son is mental agony to him. On these allegations, he claimed compensation to the tune of Rs. 1,00,000/- under Section 110-A of the Motor Vehicles Act from both the respondents.

(3.) Respondent No. 2 contested the claim application. Respondent No. 1 was proceeded ex-parte.