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1989 DIGILAW 27 (ALL)

Sona Devi v. U. P. State Road Transport Corporation, Lucknow

1989-01-05

K.C.AGARWAL, S.M.A.RAZA

body1989
JUDGMENT K. C. Agarwal and S. M. A. Raza, JJ. - This is an appeal under section 110-D of the Motor Vehicles Act against the judgment of the Motor Accidents Claims Tribunal, Almora, dated March 6, 1979. 2. On January 22, 1975, at about 9.30 p. m. at a place between 9 and 10 kilometers from Pithoragarh, Ganesh Chand, the husband of the appellant Smt. Sone Devi, while travelling in the bus No. USR 2378 was killed, as a result of rash and negligent driving of the same by Dawan Singh, its driver. In that accident thirty passengers had died. The appellant claimed Rs. 3,13,000 as compensation on the ground that the deceased was forty years of age and was likely to live for forty more years and, therefore, the appellant was deprived of the financial help, which she would have been getting from her husband out of the income. The appellants case was that the deceased having the income of rupees sixty-five as pension and was also earning by the business, which he was carrying on. 3. The claim was contested by the Uttar Pradesh State Road Transport Corporation. 4. On the pleadings of the parties, the Tribunal framed three issues. On the first issue the finding was that the accident took place due to the rash and negligent driving of the bus and, consequently, the same was decided in favour of the claimant/appellant. Issue No. 3, which was to the following effect : "Whether the accident in question took place on account of dense fog ? Was it an act of god ? If so, its effect ?" Was also decided in favour of the claimant and against the Corporation. On the question of compensation, the Tribunal found that the claimant was deprived of Rs. 205 per month as a result of untimely death of her husband and taking the life span of the deceased as seventy years, the Tribunal held that the claimant would be entitled to get Rs. 73,205. Out of the said sum 33 per cent was deducted for lump sum payment. Thus, the Tribunal awarded Rs. 49,446 as compensation. 5. Being aggrieved, the present appeal has been filed by Smt. Soney Devi. 6. 73,205. Out of the said sum 33 per cent was deducted for lump sum payment. Thus, the Tribunal awarded Rs. 49,446 as compensation. 5. Being aggrieved, the present appeal has been filed by Smt. Soney Devi. 6. We have gone through the judgment and are of opinion that the Tribunal has given good and cogent reasons for arriving at a finding that the appellant would be entitled to Rs. 49,446 as compensation on account of the death of her husband, which took place on January 22, 1975 due to the rash and negligent driving of the driver of the aforesaid bus. We, consequently, uphold the finding of the Tribunal on this question. But, find that the appellant should have been awarded interest at the rate of six per cent per annum with effect from the date of the application for payment till its payment. We modify the judgment of the Tribunal to this extent. 7. Subject to the above, the appeal is dismissed.