PHUGGI LAL v. U. P. STATE ROAD TRANSPORT CORPORATION
1981-01-16
B.N.SAPRU
body1981
DigiLaw.ai
JUDGMENT : B.N. Sapru, J.—Both these appeals have arisen out of a proceeding under the Motor Vehicles Act. The Claims Tribunal awarded compensation amounting to Rs. 7,200/- to the claimants. 2. The U.P. State Road Transport Corporation filed F.A.F.O. No. 380 of 1977 while Phuggi Lal and his wife Smt. Ram Kali have filed F.A.F.O. No. 440 of 1977 claiming that they should be awarded compensation amounting to Rs. 25,000/-. 3. The facts, leading to the case were that on 5.12.1975, a motor bus No. U.P.Z. 6776, belonging to the Appellant was being driven by Tribhuwan Lal (D.W. 2) from Fatehpur to Allahabad. At about 9.00 a.m. the bus reached village Malak Bhail situated within P.S. Kokhraj, District Allahabad. This village is situated on both sides of the road. As a result of an accident, Km. Premia Devi daughter of Phuggi Lal and Smt. Ram Kali, resident of village Malak Bhail, was crushed by the bus due to which she died. Her postmortem was done. The injuries were as follows: (1) Crush injury 8" x 4" bone deep on left side head, extending from forehead to occipital region. All the brain matter was liquefied. (2) Left frontal, parietal, temporal and occipital bones were fractured. Membranes were ruptured and all the brain matter had liquefied. 4. The first information report was lodged at the police station at 9-30 a.m. by one Prithvi. Immediately thereafter, the police reached the spot and apprehended Tribhuwan Lal, the bus driver. The bus stopped at about 15-20 steps from the place where the girl was crushed. The site of the accident as well as the date were not disputed in the present case. 5. The claimants filed petition claiming as general damages Rs. 5,000/- for loss on account of mental shock, physical pain and suffering Rs. 1,800/- for loss of filial affection and care of the parents whose child had been so badly and abruptly snatched away from them and as special damages Rs. 15,000/- for loss of normal expectation of the life of the deceased, Rs. 3,000/- for irreparable loss of labour and pain spent on the bringing up the deceased from the date of birth upto the accident and Rs. 200/- for loss of money spent on funeral rites of the deceased.
15,000/- for loss of normal expectation of the life of the deceased, Rs. 3,000/- for irreparable loss of labour and pain spent on the bringing up the deceased from the date of birth upto the accident and Rs. 200/- for loss of money spent on funeral rites of the deceased. It was further alleged that the bus was being driven at an excessive speed even inside the village abadi and also on the right side of the patri and crushed the girl Km. Premia Devi, aged about six years who died on the spot. 6. The U.P. State Road Transport Corporation contended that when the bus reached near village Bhail, a small girl aged about six years all of a sudden ran from the right side of the road to cross it and as such came under the rear wheel of the bus. It was further asserted that the driver was driving the bus very cautiously and the girl was negligent and rash and the corporation was not liable to pay damages. 7. In support of their case, the claimants have examined themselves but they had not witnessed the accident. They produced eye witnesses of the incident, namely Prithvi P.W. 2 and Dehari P.W. 3- Prithvi stated that Km. Premia was returning from the north side after answering a call of nature ; that the bus came down on the patri of the road and then the girl was crushed by the front wheel of the bus as a result of which her bead was completely crushed and brain matter scattered. It was further stated by him that at the time of accident, the bus was at a very high speed and that no horn was sounded. This witness was not relied upon by the trial court. 8. Dehari P.W. 3 stated that he was sitting in his chaupal since early morning by the side of the fire when he saw the daughter of Phuggi Lal being run over by the bus. It was further stated by him that she was coming from the north side after easing herself and that she was crushed on the southern patri of the road. He also stated that the bus was at a high speed and the horn was not sounded.
It was further stated by him that she was coming from the north side after easing herself and that she was crushed on the southern patri of the road. He also stated that the bus was at a high speed and the horn was not sounded. He further stated that the right front wheel of the bus dashed against the girl and the bus stopped twenty-five paces ahead of the place of accident. This witness is a natural witness of the accident and there is no reason to doubt his testimony. 9. Tribhuwan Lal, the driver of the bus, stated that a woman and a girl were preparing dung cakes towards the right side of the bus and that the girl all of sudden ran from the southern side towards the left side. Therefore, he applied brake and took turn towards left when the girl dashed against the rear portion of the bus and the bus was stopped ten steps ahead from the place of accident. He asserted that he was not driving the bus at a high speed. 10. In view of the injuries found at the post-mortem showing that the head of Km. Premia Devi was crushed, the explanation of the driver as to the manner in which the accident occurred cannot be accepted. 11. Learned Counsel for the U.P. State Road Transport Corporation has argued that the accident was not due to the negligence on the part of the driver of the vehicle. He also urged that the amount of compensation is excessive. He does not challenge the amount of Rs. 200/- awarded to the claimants as funeral expenses. The quantum of damages as mentioned, i.e., Rs. 7,200/- has been assessed at Rs. 4,000/-for general damages and Rs. 3,000/- for the loss of normal expectation of life of the deceased at the rate of Rs. 25/- per month. 12. Sri A.L. Jaiswal, appearing on behalf of claimants, has contended that the entire amount of Rs. 25,000/- should have been awarded as compensation. 13. It has been admitted by Smt. Ram Kali in her evidence that the girls in her community get married at the age of 15 or 16 years. The trial court accepted that evidence and held that probably the deceased Km. Premia Devi would have lived with her parents for ten years as she was aged about six years.
13. It has been admitted by Smt. Ram Kali in her evidence that the girls in her community get married at the age of 15 or 16 years. The trial court accepted that evidence and held that probably the deceased Km. Premia Devi would have lived with her parents for ten years as she was aged about six years. It accordingly determined the compensation for loss of service rendered by deceased at the rate of Rs. 25/-per month. Phuggi Lal is a small cultivator having three bighas of land and does daily labour at the rate of Rs. 5/- per day, according to his statement. The girl at the time of accident was aged about six years and she would certainly have rendered service to her parents for about ten years. Accordingly, the Tribunal assessed compensation at the rate of Rupees twenty-five per month for ten years and this amount cannot be said to be excessive. 14. Sri A L. Jaiswal urged that the compensation should be assessed at Rs. 50/-per month. Phuggi Lal stated that the girls are married at the age of 16-17 years in his community. Thus the amount of Rs. 3,000/- awarded for the loss of service to be rendered by the deceased is prima facie justified. The general damages had been assessed at Rs. 4,000/-. Taking into account the status of the claimants and the facts that the claimants have other sons and daughters, the amount of Rs. 4,000/-determined as compensation, is wholly just and proper. 15. In the result, both the appeals fail and are dismissed. There will be no order as to costs.