UNION OF INDIA Vs. JAISHREE

JUDGEMENT

(1.) The appeal comes up for admission. However, since the claimants have appeared as caveators and vide order dated 18.3.2005, record of the court below was ordered to be requisitioned, which has already been received, in that view of the matter, at the request of all the learned counsel for the parties, I have heard the matter finally at this stage itself.

(2.) Learned Tribunal, by the impugned judgment and award, has accepted the claim petition filed by the respondents- claimants and has passed an award for a sum of Rs. 78,32,000, along with interest at the rate of 9 per cent per annum from the date of claim petition till realisation.

(3.) The facts of the case are, that the claimants filed a claim petition before the learned Tribunal below, alleging inter alia that on 1.7.2001 the deceased victim, Rohit was coming from Ganganagar to Bikaner, driving Maruti car No. DL9C-C 4966, at about 10.30 in the night, when he reached near Shiv Temple in village Mahajan, the military Tatra truck No. 271 t 88-E-8546 came from opposite direction, being driven rashly and negligently and by coming on the wrong side dashed against Maruti car, dragged it and left the road on the wrong side. In this accident, the deceased Rohit expired at the spot. It is alleged that the deceased was possessing academic qualification of M.Com, was 25 years and 9 months of age and just three months before the accident he was allotted a petrol pump by Indian Oil Company, in Khara Growth Centre, which was commissioned in the name and style of Dhariwal Petroleum, Khara and was located at the National Highway No. 15. It was then pleaded that within the short span of 3 months itself, the deceased earned a net profit of Rs. 1,78,028 and was expected to grow. Giving the family background, it was pleaded that the grandfather of the deceased was a big businessman, in whose name a showroom is operating in Bikaner, being Dhariwal & Company, having turnover of crores, while father of the deceased has a big showroom in Ganganagar, wherein he operates the agencies of big companies like Godrej, Voltas, Salora, etc. and that showroom also has an equal turnover of about one and a half crore. Thus looking to the family background, deceased was expected to rise. It is then pleaded that on account of death of Rohit, the licence of petrol pump has been cancelled. Thus, on these facts, the claim has been lodged for an amount of Rs. 2,19,10,000, giving details, Rs. 2,16,00,000 have been claimed for loss of income, Rs. 1,00,000 for loss of consortium, Rs. 1,00,000 for love and affection and guidance, Rs. 1,00,000 for support to the mother, and Rs. 10,000 for cremation expenditures. The claimants are the widow, minor son aged one and a half years and mother aged 48 years.