PRABHA AND ORS. Vs. PURA RAM AND ORS.

JUDGEMENT

(1.) This is an appeal against award of Motor Accidents Claims Tribunal, Jodhpur dated 3.8 1982 whereby the Tribunal has awarded a sum of Rs 15,000.00 to the claimants on account of the death of Mst. Sobha aged about 20 years.

(2.) The brief facts giving rise to this case are that on 31-10-1979 in the evening at about 4.45 P.M. Mst. Sobha deceased met with an accident when she was going on the left side of the road from Railway Crossing Rai Ka Bagh towards Circuit House and she was passing near K.N. Hali College a truck bearing No. RJO 4075 came with an excessive speed in rash and negligent manner and struck against her, from behind. The truck completely crushed her and she died on the spot. A first information report was filed at the police station and her dead body was immediately taken to the hospital for post mortem. The truck was driven by Pura Ram and it was insured with M/s. New India Assurance Co. Ltd. (hereinafter referred to as the Insurance Company). Mst. Sobha was 20 years of age and student of M.A. (Economics) Final. The present claim petition was filed by her Mother Smt. Prabha, grand-mother Smt. Parvati, father Amba Shankar, her brothers and sisters claiming a compensation to the tune of Rs. 3,00,000.00 . It is alleged that after passing her M.A. Final she was intending to join service as a Lecturer in the grade of Rs. 700-1600 and would have drawn minimum emoluments Rs. 1100.00 per month. She had decided not to marry and wanted to serve her parents as well as the society. She would have spent Rs. 150.00 per month on herself and would have contributed Rs. 950.00 per month to the family. She would have atleast served for 35 years. It is further claimed that in the family of the claimants normal span of life had been 80 to 85 years. Thus, a total sum of Rs. 3,00,000.00 was claimed as compensation. The claim was contested by the Driver Pura Ram respondent No. 1, the owners respondents No. 2 and 3 and the non-petitioner No. 2 Insurance Company. The learned member of the Tribunal after recording the necessary evidence and hearing both the parties awarded a sum of Rs, 15,000.00 as compensation to be equally distributed between the claimants No. 1 Smt. Prabha mother of the deceased and claimant No. 3 Amba Shankar, father of the deceased. Aggrieved against this, the present appeal has been tiled by the claimants challenging the quantum of the compensation awarded by the Tribunal.

(3.) So far as the finding of rash and negligent act is concerned the same has not been disputed before me by either party. Therefore, the finding of rash and negligent need not be disturbed.