DELHI HIGH COURT
,
Prakashwati v. Delhi Transport Corporation
F. A. O. No. 417 of 2002
| Table of Content |
|---|
| 1. overview of accident and claims filed. (Para 1 , 2 , 4) |
| 2. arguments regarding compensation amounts and necessity for additional evidence. (Para 3 , 6 , 12) |
| 3. court examines evidence regarding bus involvement and witnesses' reliability. (Para 7 , 8 , 10) |
| 4. court's conclusion on just compensation awarded. (Para 11 , 14) |
1. Since both these appeals arise from the same order passed by the Motor Accidents Claims Tribunal, they are being disposed of by this common order. F.A.O. No. 417 of 2002 is the appeal filed by the appellants for enhancement of compensation for death of Baldev Singh, husband of appellant No. 1 and father of appellant Nos. 2 to 5, who died in a road accident alleged to have been caused by the rash and negligent driving of the bus owned by respondent No. 1 and being driven by respondent No. 2. The second appeal is filed by Delhi Transport Corporation for setting aside the award of the Tribunal. A few facts relevant for deciding this appeal are:
One Baldev Singh was employed as Head Constable with the Delhi Police; that on the intervening night of 10/11.9.1999 at about 00.05 a.m. when he was waiting for a bus at Najafgarh Road in front of fish market near T point Uttam Nagar and was standing beside a D.T.C. bus parked alongside the road a little ahead of Uttam Nagar bus terminal, another D.T.C. bus bearing No. DL 1P 9418 being driven by respondent No. 2 in a rash and negligent manner without blowing horn and in contravention of traffic rules, came at a very fast speed and sandwiched the deceased between the parked bus and the aforesaid speeding D.T.C. bus. After causing accident, D.T.C. bus is alleged to have fled from the scene. The deceased received severe injuries and was immediately removed to hospital where he succumbed to the injuries. F.I.R. was registered at PS Uttam Nagar against the driver of the bus. The deceased was 37 years of age at the time of his death, his date of birth being 12.3.1962. Deceased at the time of his death was drawing a salary of approximately Rs.9,000 p.m. Claiming that the accident was caused due to rash and negligent driving of the bus by its driver, the appellants who are the legal heirs of the deceased, filed an application before Motor Accidents Claims Tribunal claiming compensation of Rs.25,00,000 from the respondents.
2. In the joint written statement filed by respondents, it was denied by them that the accident was caused due to rash and negligent driving of the bus by its driver. Respondents have in fact even denied the involvement of the bus in the accident. It is submitted in the written statement by them that no accident had taken place on the date and time at the place mentioned in the claim petition and the question, therefore, of paying any compensation to the appellants did not arise. On the pleadings of the parties, the following issues were framed:
(1) Whether the deceased received fatal injuries on account of rash and negligent driving of bus No. DL 1P 9418 by respondent No. 2?
(2) Whether the petitioners are entitled for compensation and if so, to what amount and from whom?
(3) Relief.
3. After the evidence was led by the parties before the Tribunal and arguments were heard, the Tribunal by the impugned award held issue No. 1 in favour of the appellants. It was held by the Tribunal that the accident was caused due to rash and negligent driving of the bus owned by respondent No. 1. While deciding issue No. 2, it was held by the Tribunal that as the deceased had died because of the injuries sustained in the accident caused by the rash and negligent driving of the bus by its driver, the appellants who were the legal heirs of the deceased, were entitled to compensation from the respondents. Taking income of the deceased at Rs.7,226 p.m. and taking the age of the deceased as 40 years, the Tribunal applied the multiplier of 14 and awarded compensation of Rs.14,56,896 in favour of the appellants which also included a sum of Rs.50,000 already paid by way of i
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