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Compensation For Rash And Negligent Driving

In the instant case truck hit the scooterist from the wrong side who died leaving behind his widow and children. The tribunal dismissed the claim holding that the truck driver was not rash and negligent and scooterist himself was negligent. Held ,that driver of the truck was in wheel driving rashly and negligently and at a High speed without right hand Side head light on for which the accident was caused.

Claimants claim should not be discarded on the sole interested testimony of driver. Appellate court fixed annual dependency at Rs 6000/- applied multipliers if 16 and awarded Rs 96000/- with 10% per annum interest from the date of appeal. Deceased,a girl , met with an accident by the truck and died in the spot.

Claim Tribunal assessed the compensation at the sum of Rs 2500 / deceased not an earnings members of the family and being a girl' she was expected to remain as a liability till ger marriage. It was held that a nominal compensation of Rs 2500/- had been awarded. There was no material in record to enhance the compensation awarded by the claim Tribunal. Therefore, both the appellants, driver and the owner ,were liable to pay compensation on account of the fatal accident.

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