UNION OF INDIA Vs. MANGI DEVI

JUDGEMENT

(1.) This appeal has been directed against the award dated 21-9-1989 passed by learned Judge, Motor Accident Claims Tribunal, Barmer.

(2.) Briefly stated the facts of the case are that in village Chauhtan one Vira Ram resident of Chauhtan while coming out of house of his relative in the evening of 28-3-1989 proceeded towards shops of Kheta Ram with Shyam Lal. He was on the left side of the road. When he was moving towards road of Gram Panchayat, a truck hit him from behind. Respondent No. 8 S. K. Gurang was the driver of the truck who drove it rashly and negligently. As a result of hit, Vira Ram fell down and truck ran over him. Vira Ram sustained serious injuries and he became unconscious. The driver ran away with the truck. Vira Ram was taken to Chauhtan hospital and since he was very serious, he was shifted to Barmer hospital. He died on 29-31989. After the accident, the truck was chased by a jeep. A report was also lodged in the Police Station and the matter was investigated.

(3.) Parents, and other legal representatives of deceased Vira Ram filed claim petition before learned Motor Accident Claims Tribunal. Barmer on 25-7-1988 wherein they claimed Rs. 3,30,000/-, alleging inter alia that Vira Ram was 20 years of age. He was educated up to VII standard and was earning Rs. 700/- per month by embroidery work. He spends Rs. 100/- per month on himself and the remaining being given to the family. His life expectancy was up to 65 years of age. The total loss of dependency to the family was claimed at Rs. 2,70,000/-. Vira Ram was first taken to Chauhtan hospital and then shifted to Barmer hospital. He was taken in a taxi. Quite substantial amount was spent for medicines. After his death, respondents had to incur funeral expenses etc. The total amount of expenditure under this head was estimated to be Rs. 10,000/-. Loss of love and affection and loss of consortium was estimated at Rs. 50,000/-.