A person is entitled to compensation for loss of expectation of life in a motor vehicle accident case.

JUDGEMENT :- This is an appeal under Section 110-D of the Motor Vehicles Act against the Award of the Motor Accident Claims Tribunal directing the appellants to pay as compensation a sum of Rs. 5,000/- to the respondent.

2. The motor vehicle accident in which respondents husband Domingo Rodrigues aced about 70 years met with instantaneous death took place on 18-9-1967 on the Bicholim-Mapusa road. The motor vehicle involved belonged to and was driven by appellant No. 1 and was insured with the Concord of India Insurance Co. appellant No. 2. These facts were not in dispute.

3. It was alleged by the respondent that on the day and at the time of the accident her husband was waiting for a taxi to go to Mapusa. The station wagon driven by appellant No. 1 came in great speed and knocked the deceased down, causing instantaneous death. The deceased at the time of the accident was away from the main road. The accident took place due to the negligence of appellant No. 1. Respondent averred that her husband was earning Rs. 100/- per month at the time of his death. She claimed Rs. 8,000/- as compensation.

4. In reply, appellants-non-applicants submitted that there was no negligence on the part of the driver. The deceased who had crossed the road to take a seat in a taxi which had stopped on the left side of the road, abruptly tried to cross the road again when appellant No. 1 was driving past the said taxi. The accident happened because of the negligence of the deceased in trying to cross the road suddenly when the station-wagon was driving past the taxi. On the quantum of compensation, the appellants pleaded that the deceased was not doing any work nor was capable of doing any and therefore the respondent-applicant was not entitled to any compensation.

5. The learned Tribunal held that the accident took place due to negligence on the part of the driver-owner appellant No. 1 and appellants were liable to pay compensation. As regards the quantum the learned Tribunal awarded a sum of Rs. 2,000/- as compensation for pain and suffering by the deceased, Rs.300/- as funeral expenses and Rs. 2,700/-for the "inconvenience and discomfort caused to the claimant due to the loss of her husband in her old age". Thus a sum of Rs. 5,000/- was decreed against the appellants.

6. Two points arise for determination. First is whether the accident and the resulting death were caused due to the negligence of appellant No. 1. Second, if so what would be the amount of compensation payable to the respondent, widow of the deceased.

7. On the first point there was the statement of Santana Fonseca A. W. 2. According to this witness he was standing along with the deceased on the edge of the tar road waiting for a taxi to go to Mapusa. A taxi came and stopped on the left side of the road. The deceased went to the taxi driver to get a seat for himself but as no seat was available he crossed the road and stood on the edge as before with him. In the meanwhile the station-wagon driven by appellant No. 1 came in great speed and suddenly swerved on the right side of the road while overtaking the taxi and struck the deceased down who was standing on the kachha (untarred) portion beyond the tarred road. In cross-examination nothing was elicited to discredit the witness. The third witness for the applicant was Vishnu Subedar who had arrived at the scene of the occurrence with the Police and was a witness to the panchanama. From his statement it was clear that the body of the deceased was lying on the right side of the road, beyond the tarred portion thereof. According to him the tarred portion of the road was 5 metres wide. It was also noted that there was a dent and bloodstains on the left front side of the station-wagon. This evidence indicated that the station-wagon crossed the taxi in such a manner and with such suddenness that it left the tarred portion of the road and went over to the right side of the road on the kachha portion where the deceased was standing with Fonseca. The

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