Murli Manohar Jaiswal and anr. Vs. Rajesh Vishwakarma and anr. - Court Judgment |
| Motor Vehicles;Civil |
| Jharkhand High Court |
| Feb-19-2002 |
| Appeal from Original Order No. 64 of 2000(R) |
| Gurusharan Sharma and; Hari Shankar Prasad, JJ. |
| I(2003)ACC162; 2004ACJ1259 |
| Motor Vehicles Act, 1988 - Sections 147 and 166 |
| Murli Manohar Jaiswal and anr. |
| Rajesh Vishwakarma and anr. |
| Arvind Kumar Lall, Adv. |
| S.N. Lal and; D.C. Ghose, Advs. |
| Appeal dismissed |
- motor vehicles act, 1988[c.a.no.59/1988]
section 166; [a.k. patnaik, cj, a.k. gohil & s. samvatsar, jj] application for compensation for personal injury death of injured claimant subsequently for some other reasons held, claim for personal injury will abate on the death of claimant. claim will not survive to his legal representative except as regards claim for pecuniary loss to estate of claimant......grevious injuries on his head. on the way to hospital, he died.2. his parents filed claim application under section 166 of the motor vehicles act, 1988 for compensation. at the time of accident, deceased was 21 years' old and was student of b.a. class.3. the tribunal assessed total amount of compensation at rs. 2,56,128/-.4. in view of the fact that deceased was travelling on roof of the cabin of truck in question, it was held that there was contributory negligence on the part of deceased also. he had taken risk by traveling on roof of the cabin of truck.5. it was found that contribution of the deceased towards the accident was 50 per cent and hance half of the aforesaid compensation amount to the extend of rs. 1,28,000/- was deducted and insurer of the truck was directed to pay the balance 50 percent at rs. 1,28,000/- with interest to the parents of the deceased.6. we find no reason to interfere with the impugned judgment and award. this appeal is dismissed, but without costs.
1. On 3.7.1991. Vijaya Kumar Jaiswal, son of Murli Manohar Jais-wal, appellant No. 1 was travelling on a truck (UHH-444) from Chandwa to Rajrappa. The said truck was hired for carrying furniture and other goods for the marriage of his friend's sister. He was sitting on the roof of cabin of truck. On the way, the said truck met an accident on account of rash and negligent drive in high speed, wherein cabin of truck dashed against a branch of tree causing grevious injuries on his head. On the way to hospital, he died.
2. His parents filed claim application under Section 166 of the Motor Vehicles Act, 1988 for compensation. At the time of accident, deceased was 21 years' old and was student of B.A. Class.
3. The Tribunal assessed total amount of compensation at Rs. 2,56,128/-.
4. In view of the fact that deceased was travelling on roof of the cabin of truck in question, it was held that there was contributory negligence on the part of deceased also. He had taken risk by traveling on roof of the cabin of truck.
5. It was found that contribution of the deceased towards the accident was 50 per cent and hance half of the aforesaid compensation amount to the extend of Rs. 1,28,000/- was deducted and insurer of the truck was directed to pay the balance 50 percent at Rs. 1,28,000/- with interest to the parents of the deceased.
6. We find no reason to interfere with the impugned judgment and award. This appeal is dismissed, but without costs.