ORIENTAL INSURANCE CO LTD Vs. AVINASH KOUR

JUDGEMENT

(1.) THIS appeal arises out of a judgment passed by Motor Accidents Claims Tribunal, a Jammu on 8 -8 -1985 in claim file No: 49 which was instituted before it on 21 -9 -1974. Respondents 1 and 2 had filed the petition against the appellant and respondents 3 and 4 herein.

(2.) FACTS can be put in narrow compass. Respondents 1 and 2 are wife and son respectively of one Prithipal Singh deceased. They had filed a claim petition to seek compensation to the tune of Rs. 1,80,000/ - from the appellant and respondents 3 & 4. Respondent No: 3 is the owner of the vehicle and respondent No; 4 was the driver. The appellant, herein is the Insurance Company with whom the offending Bus was insured. The deceased was an Commission Agent and Sales Representative with a firm M/S Veenus Industries Kanpur. He is said to have gone on business trip to Kashmir and while Returning he had boarded Bus No: JKN -4199 on 24 -3 -1974 from Srinagar. When the bus reached Digdol on Srinagar -Jammu National Highway because of rash and negligent driving of the driver the bus rolled down and fell into a Khud which caused instantaneous death of Prithipal Singh and some others.

(3.) THE deceased Prithpal Singh was 34 years of age and his yearly income at that time is said to have been Rs. 5,OOO/ -. It is contended in the petition for compensation that the deceased would have lived upto the age of 80 years and would earned Rs. 2,30,000/ -. After deducting Rs. 50, 0 oo/ - which he would have spent on himself, his contribution towards the maintenance of his family members i.e. respondents 1 & 2 herein would have been to the true of Rs 1.80, 000/ -which is claimed in the petition.