INDRA SHARMA Vs. CHAIRMAN RSEB JAIPUR

JUDGEMENT

(1.) The present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against dismissal of claim petition dated 27-8-92 passed by Motor Accident Claims Tribunal, Banswara.

(2.) The brief facts leading up to filing of the appeal which are relevant for its just decision are that in Paragraphs 11 and 13 of the claim petition it is specifically pleaded that on 14-9-85 at about 6.30 p.m. deceased Dwarka Prasad Sharma along with other persons after performing their official work at Banswara were returning back to Gatol in a department's Jeep bearing registration No. RJB 2004. It is further pleaded that the said Jeep was being driven by respondent No. 2 Navin Chandra Suthar. When the said Jeep reached near 'Mahi Rest House' due to rash and negligent driving of respondent No. 2 it met with an accident resulting in severe injuries to the persons sitting in it, including Dwarka Prasad who was immediately taken for treatment to M. G. Hospital, Banswara where he succumbed to his injuries on 16-9-85.

(3.) It was also pleaded in the claim petition that at the time of accident, deceased was a young and healthy man of 35 years of age and he was drawing Rs. 1330/- per month salary being employee of RSEB on the post of Accounts Clerk. It was pleaded that the deceased used to contribute Rs. 1,000/- per month to his family members i.e. claimants. Claimant-appellants were wholly dependent on the earning of deceased. If deceased would have not died in the ill-fated accident he would have continued in service for another twenty-five years and would have earned provident fund, gratuity and grade increments. The claimant-appellants being heirs and legal representatives of deceased claimed Rupees 5,00,250/- as compensation under various counts enumerated in the claim petition in detail.