NATIONAL INSURANCE CO LTD Vs. VIJAYA DEVI

JUDGEMENT

(1.) On 16.5.85, at about 6 p.m., while going on scooter, bearing registration No. BHI 9942, one J.D. Kumar, a resident of P and T Colony, Kidwaipuri, Patna was dashed by a bus, bearing registration No. BHI 9647, coming from the opposite direction, on account of rash and negligent driving of the driver of the bus, resulting into his instantaneous death.

(2.) Vijaya Devi, Parwati Devi, Munna, Tunna and Raju being the widow, mother and the minor sons respectively of the deceased J.D. Kumar, jointly filed Claim Case No. 20 of 1985, before the Motor Accidents Claims Tribunal, Patna and had claimed compensation to the tune of Rs. 10,59,500, under the provisions of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act').

(3.) At the time of the accident and death J.D. Kumar was 31 years old and was working as Executive Officer in the Bihar State Credit Investment Corporation and was getting a salary of Rs. 2,431 per month.