NEW INDIA ASSURANCE CO LTD Vs. GAGAR DEVI

JUDGEMENT

(1.) ONE Laxman Das, son of Jugal Das of village Basaitha, District Madhubani, who was aged about 20 years died in a motor accident on 4.5.1992.

(2.) THE deceased along with three persons were travelling on the roof of Tata 407 Maxi (BR -07M -6911). As soon as the said vehicle turned turtle, all the persons sitting on the roof fell down and crushed to death.

(3.) ON the basis of materials on record, the tribunal held that the accident took place due to rash and negligent driving of the vehicle in question. The deceased was Goldsmith and was earning a sum of Rs. 2000/ - per month from his business. His mother, who was claimant no. 1 was aged about 60 years. Claimant no. 2 was minor sister of the deceased, whose age was not disclosed. The said sister can claim to be dependent of the deceased only till her marriage.