State Of Up vs Rita Rani Grover & Ors.
2009 Latest Caselaw 4584 Del

15
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.248/2009

%                                 Date of decision: 10th November, 2009


      STATE OF UP                                    ..... Appellant
                           Through : Mr. R.K.S. Yadav, Adv.

                      versus

    RITA RANI GROVER & ORS.                          ..... Respondents
                  Through : None.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?

3.      Whether the judgment should be
        reported in the Digest?

                               JUDGMENT (Oral)

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.1,52,000/- has been

awarded to claimants/respondents No.1 to 3.

2. The accident dated 6th December, 2006 resulted in the

death of Rishikesh Grover. The deceased was survived by his

widow, one son and one daughter who filed the claim petition

before the learned Tribunal. The deceased was aged 65 years at

the time of the accident and had retired from his service as a

teacher. The deceased was getting a pension of about Rs.7,000/-

per month and after his death his widow was getting half of the

pension as family pension. The learned Tribunal deducted 1/3 rd

towards personal expenses of the deceased and applied the

multiplier of 5 to compute the loss of dependency at

Rs.1,40,000/-. Rs.10,000/- has been awarded towards funeral

expenses and Rs.40,000/- towards loss of love and affection. The

total compensation awarded is Rs.1,52,000/-.

3. The only ground urged by learned counsel for the appellant

at the time of hearing of this appeal is that the accident in

question did not occur due to the negligence of the driver of PAC

truck.

4. The accident in question was caused by PAC truck at Rajpur

Road. The said truck hit the scooty driven by the deceased.

There was head on collision between the two vehicles. The

learned Tribunal gave the finding of negligence of the PAC truck

on the basis of the site plan - Ex.PW5/R1 in which it was shown

that the PAC truck was on the wrong side of the road and at the

time of the accident it was moving to get into the correct lane.

The site plan - Ex.PW5/R1 was corroborated by the statement of

PW5.

5. There is no infirmity in the findings of the learned Tribunal

with respect to the rashness and negligence. The amount

awarded by the learned Tribunal is on a lower side. However,

there is no appearance on behalf of the respondents.

6. For all the aforesaid reasons, the appeal is dismissed.

J.R. MIDHA, J

NOVEMBER 10, 2009 aj