AUTOMOBILES TRANSPORT RAJASTHAN PVT Vs. DEWALAL

JUDGEMENT

(1.) THIS judgment will dispose of two appeals namely, D. B. Civil Misc. Appeal no. 14/1970 and D. B. Civil Misc. Appeal No. 105/1969. These appeals arise out of an order made by the Motor Accidents Claims Tribunal, Ajmer on September 12, 1969.

(2.) A bus RJZ 202 was travelling from Bandarwara to Ajmer on May 31, 1966. When it was about six miles and two furlongs from Ajmer, it found the road blocked near Makhupura by a tree fallen on road. While other vehicles were passing on the right side of the road, the driver of this vehicle instead chose to pass his vehicle by the left side of the tree where it is alleged, there was not much space for the vehicle to pass with the result that the vehicle first dashed against the side wall which save way and the vehicle then over-turned and fell down.

(3.) ONE of the consequences of the accident was that one Dharamchand a passenger sustained fatal injuries and died instantaneously on the spot. His widow, three minor children and his parents filed a claim petition in the aforesaid Tribunal on July 30, 1966, claiming Rs. 50,000/- as pecuniary loss and Rupees 5,000/- on account of mental agony, suffering and loss of expectation of life, and loss caused to the estate of the deceased. There were several respondents, namely, Motor Owners Insurance Company, Automobile transport (Rajasthan) Private Limited, its Chairman Narayandas Lohiya, driver raghunath, National Insurance Company and some more, which will better be described as respondents Nos. 2 (a) to 2 (f ). The learned Tribunal held that the accident took place on account of the rash and negligent act of the driver raghunath, respondent No 3. As regards the quantum of damages, the finding of the learned Tribunal was that the deceased was at the time of his death 30 years of age and his expected span of life was another 15 years of age at the least. It was found that he was a share-holder in his parental firm M/a Dewalal ranglal. The average income from that firm of the deceased was Rs. 180/-per month. It was also alleged that the deceased was looking after his agricultural farm and in his absence, a servant was required to be engaged, whose wages were claimed at Rs. 250/- per month, but the Tribunal allowed such wages only at the rale of Rs. 70/- per month. The result was that the pecuniary loss estimated after making a reasonable deduction on account of lump-sum grant of compensation the learned Tribunal awarded a sum of Rupees 30,000/-as compensation to all claimants but only against the Automobile Transport (Rajasthan) Private Limited Co. respondent No. 2 (g), Narayandass Lohiya, respondent No. 2 (h) and their insurers respondent No. 1, the Motor Owners insurance Company. It dismissed the petition against the remaining respondents. The learned Tribunal further decreed that Rs. 20,000/- shall be paid by the insurer, namely, the Motor Owners Insurance Company and the remaining amount of Rs. 10,000/-shall be paid by the respondents Nos. 2 (g)and (h ). It may be mentioned here that the Automobile Transport (Rajasthan)Private Limited Company is under liquidation.