UNION OF INDIA Vs. KUSUM SHARMA

JUDGEMENT

(1.) THIS Civil First Miscellaneous Appeal arises out of an award given by Motor Accidents Claims Tribunal, Jammu, on September 20, 1985 awarding a compensation of Rs. 95,000/ - in favour of Respondents/ claimants.

(2.) ONE Om Parkash, husband of Respondent No. 1 and father of Respondent Nos. 2 and 3 met with an accident on May 30, 1984 at 7.15 a.m. on Jammu -Pathankot National Highway with an army truck belonging to Appellant No. 1 and driven by Appellant No. 2 herein and succumbed to his injuries on way to hospital on the very day. Respondents filed a claim petition under Section 110 -A of the Motor Vehicles Act (hereinafter called 'the Act') claiming a compensation of Rs. 3 lacs. It was stated that deceased at the time of accident was 32 years of age, who was survived by his widow and two minor daughters of 8 and 5 years respectively, who are Respondent Nos. 1 to 3 in the present appeal. It was further stated that deceased was earning Rs. 800/ - per month by working as Supervisor -cum -Accounts Clerk in M/s. Nagina Hot Mixture Plant, Village Sarore. He was a trained person and would have risen to a high position in due course of time within the next 10 -15 years and would have an earning of more than Rs. 2,000/ - per month. The accident took place while the deceased was walking on a kacha track of the Jammu -Pathankot National Highway on the side of the road at milestone 89 -90. Appellant No. 2 came from deceased's rear side while driving army truck One Ton BA No. 79C23100 H. In the process of overtaking a preceding motor vehicle he had taken his vehicle on the wrong side of the road with abnormal speed and hit the deceased by driving the said truck rashly and negligently. Deceased was seriously injured as a result of the accident and in that condition was taken to the hospital and while on way he breathed his last.

(3.) ON the pleadings of the parties, the learned Tribunal framed the following issues: