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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Anil Kumar, Saurabh Lavania, JJ.
Abhishek Jain – Appellant
Versus
Chhedi Lal and Ors. – Respondents
First Appeal From Order No. 465 of 2012
Decided On : 23-09-2019
Penal Code, 1860 – Sections-279, 304A, 227, 338 – Motor Vehicles Act, 1966 – Section 166 – Claim Petition – Claimant is legal heir of the deceased and is entitled for compensation – When granted – . U.P. State Road Transport Corporation/opposite party No. 2 in the claim petition, had filed written statement in which plea was taken that the accident did not take place due to rash and negligent driving of the driver of the Roadways Bus, rather the same took place due to rash and negligent driving of driver of Indica Car – Appeal – Held, Appellant/claimant for enhancement of compensation on the ground of composite negligence and future prospect is liable to be rejected as the appellant/claimant as well as opposite party No. 3 were not dependent upon the deceased – U.P.S.R.T.C. neither challenged the judgment and award dated 25.2.2012 nor filed any cross objection by which the compensation was awarded to the appellant/claimant, the amount already paid to the appellant/claimant and opposite party No. 3 as compensation cannot be recovered by the U.P.S.R.T.C – Findings and observations, given herein above, would not affect the claims/compensation claimed by the legal heirs in relation to death of a minor, as in this case we have only dealt with claim made by Claimant-Appellant, who was major and he has own source of income and as per the case, he was not dependent upon the deceased – Claim Petition partly allowed. [Paras 31to 34]
Facts of the Case:
Appellant/claimant for enhancement of compensation on the ground of composite negligence and future prospect is liable to be rejected as the appellant/claimant as well as opposite party No. 3 were not dependent upon the deceased – U.P.S.R.T.C. neither challenged the judgment and award dated 25.2.2012 nor filed any cross objection by which the compensation was awarded to the appellant/claimant, the amount already paid to the appellant/claimant and opposite party No. 3 as compensation cannot be recovered by the U.P.S.R.T.C – Findings and observations, given herein above, would not affect the claims/compensation claimed by the legal heirs in relation to death of a minor, as in this case we have only dealt with claim made by Claimant-Appellant, who was major and he has own source of income and as per the case, he was not dependent upon the deceased.
Finding of the Court;
Claim Petition – Claimant is legal heir of the deceased and is entitled for compensation – When granted – U.P. State Road Transport Corporation/opposite party No. 2 in the claim petition, had filed written statement in which plea was taken that the accident did not take place due to rash and negligent driving of the driver of the Roadways Bus, rather the same took place due to rash and negligent driving of driver of Indica Car – Appeal.
Result: Claim Petition partly allowed
JUDGMENT :
Anil Kumar, J.
1. Heard Shri Virendra Mishra, learned counsel for the appellant and Shri Akhter Abbas, learned counsel for the respondent.
2. Facts in brief of the present case are that when father of the claimant, late Achit Kumar Jain, aged about 52 years, s/o. late Pratap Chand Jain and mother of the complainant, Smt. Vidha Jain, w/o. late Achit Kumar Jain, r/o. Jail Road, Aara, District-Bhojpur, Bihar were coming from Lucknow by Indica Car bearing No. B.R. 3 B-1011, which was driven by a driver/Lallan Rajak, they met with an accident which took place at about 9:15 a.m. on 22.7.2003 at Village-Hauj, within the jurisdiction of P.S.-Jafrabad, District-Jaunpur (U.P.) due to rash and negligent driving of driver of Roadways Bus having Registration No. U.P. 65 R-2789, as a result of which, the driver of Indica Car/Lallan Rajak and Achit Kumar Jain sustained grievous injuries and died on the spot whereas Smt. Vidha Jain, while taking her to hospital, also died on the way. In this regard, F.I.R. was lodged and was registered as Case Crime No. 432 of 2003 under Sections-279, 304A, 227, 338 I.P.C. at P.S.-Jafarabad, District-Jaunpur.
3. The deceased/late Anchit Kumar Jain and Vidha Jain were businessman and their monthly income was of Rs. 15,000/- and 10,000/- respectively from the different sources. The claimant is legal heir of the deceased and is entitled for compensation.
4. In view of the above said facts, a Claim Petition No. 02 of 2004 (Abhishek Jain v. Chedilal) under Section 166 of Motor Vehicles Act, 1966 was filed before the Motor Accident Claims Tribunal/Additional District Judge, Court No. 1, Lucknow.
5. U.P. State Road Transport Corporation/opposite party No. 2 in the claim petition, had filed written statement in which plea was taken that the accident did not take place due to rash and negligent driving of the driver of the Roadways Bus, rather the same took place due to rash and negligent driving of driver of Indica Car.
6. The Tribunal, in order to decide the controversy involved in the claim petition, framed the following issues:
D;k ;kfpdk bf.kdk dkj o vU; Vªd la-&Mh-,y-ch-vks- ekfyd rFkk chek daiuh dks i{kdkj u cuk;s tkus ds dkj.k nks"kiw.kZ gS] ;fn gkWa rks ÁHkko \
D;k mijksDr nq?kZVuk bf.kdk dkj pkyd dh ;ksxnk;h mis{kk ds dkj.k gqbZ] ;fn gkWa rks ÁHkko\
D;k foi{kh la[;k&3 Jherh lh-ih-tSu e`rdx.k dh iq=h gksus ds dkj.k Áfrdj dh /kujkf'k ikus dh vf/kdkjh gS] ;fn gkWa rks ÁHkko\
D;k ;kph Áfrdj dh /kujkf'k ikus dk vf/kdkjh gS] ;fn gkWa rks fdruh ,oa fdl foi{kh ls\**
7. On the basis of the evidence and material on record, the Tribunal by means of the judgment dated 9.2.2012, allowed the claim petition. The operative portion reads as under:
ÁkIr /kujkf'k esa ls ;kph vfHk"ksd dqekj tSu dks 1]36]500@& #i;s rFkk foi{kh la[;k&3 Jherh lh-ih-tSu dks 1]36]500@& #i;s ÁkIr gksxk ftlesa ;kph vfHk"ksd dqekj tSu o foi{kh la[;k&3 Jherh lh-ih-tSu 62]000@& #i;s fdlh jk"Vh;d`r cSad ds ikWap o"khZ; lkof/k tek ;kstuk esa tek fd;k tk;sxk rFkk 'ks"k /kujkf'k dk Hkqxrku mUgsa udn psd }kjk fd;k tk;sxkA
foi{khx.k }kjk Áfrdj dh /kujkf'k e; C;kt] v/;{k] eksVj nq?kZVuk nkck vf/kdj.k@ftyk tt] y[kuÅ ds [kkrs esa js[kkafdr ps
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