JUDGEMENT
A.BANERJEE, J. -
(1.)THIS appeal is directed against an Award made by the Motor Vehicles Claims Tribunal, Meerut dated 30-3-1977 decreeing the Claim petition for a sum of Rs. 20,000/- with interest from the date of the claim till the date of payment at 7/- per annum. The appeal have been filed by the Union of India, the owner of the Military truck No. UD 40511, driven by appellant No. 2 They have prayed for setting aside of the Award on the ground that there was no rash and negligent act in driving of the truck and the amount awarded as compensation of Rs. 20,000/- was erroneous and in any event excessive. A cross-objection was filed on behalf of the respondent-claimants which was valued as Rs. 60,000/-. They had claimed for enchancement of the compensation. However, the cross-objection was dismissed by an order dated 24-8-1978 as non-maintainable. Consequently only the appeal by the appellants is to be considered now.
(2.)BEFORE I consider the case on merits, it will be necessary to state that the respondent No. 1 Smt. Rampiary wife of late Shri Bharta, was reported dead as early 12th of November, 1980. Sufficient and repeated opportunity was given to the appellants to bring on the record the heirs of the deceased. But this was not done, with the result that the Court dismissed the appeal, as against Respondent No. 1. on the 7th September, 1983. If the two daughters were the only heirs of the deceased a simple application under Order 22 Rule 2 CPC would have sufficed, with a note on the record that the two daughters were the only heirs and their names were already on the record. On an examination of the record of the case is transpires that the two daughters Km Ramesho and Km Bharpai were aged 14 and 12 years respectively, when the claim was filed, in 1973. By the time Smt. Ram Piary died in 1980 both these minor daughters were major, aged 21 and 19 years respectively. Even though no application under Order 22 Rule 2 CPC was made, but in view of the fact that both the daughters, her heirs, were major, the appeal did not abate. The appeal can be heard against the surviving parties, in the present case.
Now coming to the merits of the case, the evidence reveals that the accident took place on the night of 3rd April, 1973 at about 10 p.m. at a tri-junction of two reads, viz. Rotha Road and the road from the Cantonment. The Military truck is said to have come at a speed and struck against the carts standing in front of the octori post, causing instant death to one Begha and causing severe injuries to several persons, including one Charla, and his brother Bharta. After dashing against the carts, the Military Truck also dashed against the wooden kioks of the octroi which was also damaged. Charta, was recovered filed a claim petition no 391 of 1973 and his claim was decreed for a sum of Rs. 2500/- with interest till the date of payment at 6/- per annum. His brother Bharta died in the Hospital. He was about 45 years of age and left behind him his wife and two minor daughters aged 14 and 12 years. The petition was filed on 3rd of September, 1973. The claim was contested on behalf of the Union of India and the accident was admitted by the appellant No. 1 but it was denied that there was any rash or negligent driving by the driver. It was also said that a cyclist suddenly appeared in front of the vehicle from the side of Rohta level crossing and inspire of the best efforts of the driver the vehicle could not be stopped immediately and it dashed against the octroi post after damaging the cycle and the mule carts. The other point in which the claim was contested, was on the question of compensation which was said to be highly excessive.
(3.)THE Court below consolidated the two claims of Charta and of the respondents in this appeal and struck proper issues. Answering the issue on the question of rash and negligent act it held that the truck driver Sri Kiran, appellant No. 2 was driving the truck rashly and negligently. The Tribunal adjudicating on the question of compensation, awarded Rs 20,000/- to the respondents.
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