NDLI: Hardeo Kaur and Ors. Vs. Rajasthan State Transport Corporation and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	motor vehicle
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Motor Vehicles Act, 1939 (4 of 1939)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Motor Vehicles Act, 1939: Sections 110 and 110-B- Accident claim-Award of compensation-Criteria for- Determination of-Adoption of Liberal approach-Need for. The first appellant, her husband-a young Army Officer of 36 years and their two minor sons were injured in a road accident when the repondent-State Road Transport Corporation's bus struck against the car in which they were travelling. While the appellant's husband succumbed to the injuries, one of the sons received multiple injuries and another received injury on the forehead and multiple abrasions on various parts of the body. The first appellant, however, received minor injuries.The first appellant; her two minor sons and daughter filed a claim petition before the Motor Accidents Claims Tribunal. The Tribunal found that the accident took place due to rash and negligent driving of the bus by the driver. Regarding quantum of compensation, it held that the deceased was spending half of his salary on his personal needs, that the normal life expectancy of the deceased, who was 36 years of age when the mishap occurred, was 20 years since the normal life span of an army Officer was 56 years and, therefore, a compensation of Rs. 2,64,000 should be awarded for the loss of the deceased's life, and that after deduction of 1/3 on account of lumpsum payment, an amount of Rs. 1,76,000 should be paid as damages to heirs of the deceased. The Tribunal also awarded Rs.3,000 and Rs. 1,000 respectively to the two sons. It further awarded interest at the rate of 6 per cent per annum from the date of application before the Tribunal till the date of realisation. The widow and her children filed appeal before the High Court for enhancement of compensation but the same was dismissed. In the appeal, by special leave, before this Court on behalf of the widow, and her minor children, it was contended that the finding of the Courts below that the deceased, being an army officer used to spend one half of his salary on personal expenditure, was grossly erroneous and based on mere surmises and conjectures, that it was specifically pleaded before the Tribunal that the deceased used to spend nearly Rs. 1,400 per month on his family, which was solely dependent upon him, that there was no basis to take the life span of an army officer to be 56 years, and it should be taken to be 70 years in the modern environments, that the deduction of 1/3rd assessed compensation on account of lumpsum payment was wholly unjustified, that the compensation awarded to the minor children was on the lower side and that no compensation was awarded for loss of consortium to wife and the minor children.
Judge	Hon'ble Mr. Justice Kuldip Singh
Neutral Citation	1992 INSC 83
Petitioner	Hardeo Kaur And Ors.
Respondent	Rajasthan State Transport Corporation And Anr.
SCR	[1992] 2 S.C.R. 272
Judgement Date	1992-03-13
Case Number	2259

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Hardeo Kaur and Ors. Vs. Rajasthan State Transport Corporation and Anr.

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