KUMARI SWARNALATA KAPOOR Vs. JOGENDRAPAL RAMRAKHA PUNJABI
HIGH COURT OF MADHYA PRADESH
KUMARI SWARNALATA KAPOOR
JOGENDRAPAL RAMRAKHA PUNJABI
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(1.) THIS is an appeal under Section 96 of the Code of Civil Procedure from the dismissal of the suit in which the appellants claimed damages from the respondents for the death of their parents, resulting from an accident which occurred on February 16, 1959, (prior to the constitution of Claims Tribunal under Section 110-A of the Motor Vehicles Act ).
(2.) ON February 16, 1959, motor bus No. M. P. O. 314, belonging to Patni Transport Ltd. (respondent No, 2), started from Jagdalpur for Jeypore. It was driven by Jogendrapal (respondent No. 1 ). Rawelchand Kapoor and his wife, Smt. Rajkumari Kapoor, boarded the bus at Jagdalpur. On its way the bus dashed against a tree by the side of the road. Rawelchand Kapoor and his wife received fatal injuries and died instantaneously on the spot. The bus was insured with respondent No. 3, Insurance Co. , against third party risk under the terms of the insurance policy Ex. D. 3. These facts are admitted.
(3.) THE accident occurred at 7 or 8 miles from Jagdalpur. The bus was heavily loaded. It went beyond the control of the driver and dashed against a mango tree. The appellants, through their next friend, instituted a suit for recovery of damages on the allegation that the accident occurred due to rash driving, that is, at a great speed beyond the control of the driver, or, alternatively, due to negligence of the driver in not applying brakes and allowing the bus to run astray. It was the duty of defendants 1 and 2 to Bee that the bus had no defect and was fit for being put on the road before it left for Jeypore. The plaintiffs alleged that their father was running a hotel and was earning Rs. 5,000. 00 annually. Keeping aside his personal expenses, be spent Rs. 3,000. 00 annually on the maintenance of the plaintiffs and could have done so for at least 35 years more. At the time of the accident, their father was only 36 years of age and in a healthy state of body. Due to the accident, the plaintiffs lost the protection and care of their parents. Services of a nurse had to be engaged which cost them Rs. 60/- per month for some time at least. The plaintiffs claimed Rs. 25,000. 00 as damages.;
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