MAJOR M V THAPLIYAL Vs. SHYAM BALA

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Award dated 15th Feb. 1993, passed by the learned Motor Accident Claims Tribunal, Jodhpur, (in short "the Tribunal") in Motor Accident Claims case No. 194/1990 whereby the Tribunal passed an Award of Rs. 70,000/- including interest in favour of the appellant-claimants.

(2.) BRIEFLY stated the facts, out of which, this Appeal has arisen, are that a Claim Petition was filed by the appellant- claimants against the respondents, claiming compensation under various heads for a sum of Rs. 15,22,000/ -. The case of the appellant claimants, is that on 4. 9. 1990 at about 1 P. M. while deceased Seema along with her younger sister Kum. Asha were proceeding on Luna Moped No. RNQ 1988, they were on the Ratanada Bazar Road, Jodhpur, at the relevant time, a truck bearing No. UHM 2081 came from behind being driven rashly and negligently by its driver respondent No. 1, Virendra Singh, hit the Luna and its riders, resulting thereby that by this accident Smt. Seema aged 29 years succumbed to injuries instataneously and Kum. Asha sustained various injuries. The respondent No. 1 is owner of the truck and the said truck at the relevant time was insured with the respondent No. 3.

(3.) IN para No. 10 of the claim petition, the claimants have pleaded the basis for awarding compensation wherein it was specifically pleaded that the deceased Seema was of 29 years of age and she was educated at convent and passed the Degree of Bachelor of Arts in Home Science. Prior to coming to Jodhpur, she was employed as a Teacher in Model School, Shambha (J & K) but subsequently, she left the job and thereafter she applied for job with South INdian Coffee House, Massoorrie, where she was offered a job for a fixed salary of Rs. 1,500/- per month. IN support of this, document Ex-1 appointment order, issued by the prospective employer of the South INdian Coffee House, Massoorrie, was placed on record. The compensation for loss of company and consortium, love and affection, mental agony, loss of income for remaining span of period of deceased were claimed as pleaded in the claims petition.