VEENITA KUMARI WIFE OF LATE DHANANJAY KUMAR Vs. PRADEEP KUMAR GOPE, S/O BHUNESHWAR PD. GOPE, OWNER OF THE TRUCK NO. BR

JUDGEMENT

(1.) Heard learned counsels for the appellants and the appearing respondents. All these four appeals arise out of the same motor vehicle accident with respect to which MACT Case Nos. 38 and 43 of 2004 were respectively registered. The claimants were widow and minor children as also dependent parents of the two deceased. Dhananjay Kumar and Bechan Ravidas. Both the Motor Accident Claim Cases were disposed of by two separate judgments dated 31.8.2007 and awards dated 10.9.2007. The claimants as also the Insurance Company being aggrieved by the said judgments and awards, have filed their separate appeals.

(2.) The facts of the case, as per the stand of the appellants, is that the deceased Dhananjay Kumar aged about 28 years and the deceased Bechan Ravidas aged about 40 years were returning from Patna after attending Bihar Punarnirman Rally of Samata Party on 19.10.2000 by Tata Maxi bearing Registration No. BR 28-2396 and when the said Tata Maxi reached near Dehrigarh, Harnaut, a truck bearing registration No. BR-20G-0777, coming from the opposite direction, dashed against the said Tata Maxi on NH 31 on account of rash and negligent driving of the truck driver and several passengers of the Maxi sustained serious injuries and the said Dhananjay Kumar and Bechan Ravidas died during the course of treatment on 20.10.2000. Harnaut P.S. Case No. 170 of 2000 dated 20.10.2000 was registered under Sections 279, 337, 338 and 304A of the Indian Penal Code against the owner and driver of the vehicle involved in the accident. Subsequently, charge-sheet no. 236 of 2000 dated 8.12.2000 was submitted by the police after completion of investigation against the owner Pradeep Kumar Gope and driver Jagarnath Gope of the truck. Thereafter the claimant filed above mentioned cases under Section 166(1) of the Motor Vehicles Act before the Accident Claims Tribunal, Nalanda at Biharsharif.

(3.) The claim of the heirs of the deceased Dhananjay Kumar was that he was earning Rs. 3500/- per month. With regard to deceased Bechan Ravidas, the claim was that at the time of death he was earning Rs. 5000/- per month. However, the claimants in either of the cases could not establish the source of income and accordingly, the same was taken as Rs. 3000/- per month by the Tribunal.