STATE Vs. SHANTA DEVI

JUDGEMENT

(1.) (for himselfand on behalf of N.M. KASLIWAL, C.J. and V.K. MEHROTRA , J.) :- This Full Bench has been constituted pursuant to the following order made on April 12, 1984 by a learned single Judge of this Court in F.A.O. (MVA) No. 8 of 1977 :

(2.) The facts which led to the filing of the appeal may first be stated. Bus No. HIL-3952 belonging to the Himachal Pradesh Road Transport, on its way to Shimla, met with an accident on August 20, 1972 at Shegali causing death of one of its occupant, namely, Dhananjai. The widow Smt. Shanta Devi and two minor sons of the deceased filed a claim in the court of Motor Accident Claims Tribunal, Mandi for a sum of Rs. 1,75,000/-. The Tribunal by its order dated August 30, 1976 awarded compensation amounting to Rupees 1,03,700/-. The appeal, out of which this reference has arisen, has been filed by H.R.T.P.C. and the State of Himachal Pradesh.

(3.) HRTC v. Jai Ram, ILR (1979) Him Pra 267 is a decision handed over by a Division Bench of this Court. The mode for assessing compensation to be awarded to the dependents and heirs of the deceased in such accidents has been elaborately discussed and guidelines laid down. Simultaneously, Jai Ram also notices the statutory requirement incorporated in S.110-B of the Motor Vehicles Act, 1939 to the effect that every method of calculation must be treated as subordinate to the necessity of giving a "just" compensation.