R.K.Rastogi, J. - (1.) This is an appeal against the judgment and award dated 10.9.1996 passed by Mr. Ram Kishore, then learned Second Addl. District Judge, Jaunpur in Motor Accident Claim Petition No. 11 of 1982, Rani Srivastava v. U.P. State Road Trans. Corpn.
(2.) The facts relevant for disposal of this appeal are that the claimants-respondents and Sant Saran filed an application under section 110-A of Motor Vehicles Act, 1939 with these allegations that Desh Deepak Srivastava, husband of Rani Srivastava, claimant No. 1, father of Uma Srivastava, claimant No. 2 and the son of Shail Bala Srivastava and Sant Saran Srivastava, the claimant Nos. 3 and 4, was going from Allahabad to Gorakhpur on 7.10.1981 in roadways bus No. UTY 9346. The bus went out of order in Jaunpur at about 10.30 p.m. and so the passengers of that bus were asked to get down from the bus and to go by another bus of the roadways. Desh Deepak was trying to board bus No. UTY 9228 of the U.P. State Road Transport Corporation at Jaunpur bus stand which had come from Allahabad and at that time he was dashed by the bus and he received grievous injuries. He was given treatment at Railway Hospital, Gorakhpur and then at Medical College, Lucknow, but he died in between the night of 17/18.10.1981. His age was 27 years at the time of the accident and he was working as Sub-Engineer (Electrical), Rajkiya Nirman Nigam, Civil Court's Unit, Allahabad. He was drawing Rs. 920 per month as his salary in the pay scale of Rs. 400-750. Normal expectancy of life in his family was 70 years. The claimants, therefore, claimed Rs. 4,74,720 for monetary loss for a period of 43 years at the rate of Rs. 920 per month due to the death of Desh Deepak. They also claimed Rs. 1,00,000 for loss of future increments, promotions, gratuity and pension, etc., Rs. 10,000 for loss of consortium to Rani Srivastava, petitioner No. 1, Rs. 10,000 for mental agony, suffering due to sudden death of Desh Deepak, Rs. 5,000 towards medical expenses, attendant charges and travelling expenses and Rs. 1,000 towards funeral expenses and religious rites, etc., in all Rs. 6,00,720. They also claimed interest on this amount at the rate of 12 per cent per annum till the date of actual recovery. It was further alleged that the accident had taken place due to rash and negligent driving, of the driver of bus No. UTY 9228.
(3.) U.P.S.R.T.C., opposite party appellant, contested the case. It simply admitted the ownership of bus Nos. UTY 9346 and UTY 9228 and denied the remaining allegations made in the petition. It further pleaded that bus No. UTY 9228 left Allahabad on 7.10.1981 at 4.30 p.m. and bus No. UTY 9346 left Allahabad at 5.15 p.m. As such bus No. UTY 9228 reached Jaunpur before arrival of bus No. UTY 9346 and so there was no question of transportation of the passengers of bus No. UTY 9346 to bus No. UTY 9228 specially at 10.30 p.m. in the night as alleged in the petition. Moreover, Desh Deepak Srivastava was not a bona fide nor valid passenger of bus No. UTY 9228. There is nothing to show that any official competent direction was issued for transportation of the passengers from one bus to another. No F.I.R. of the incident was lodged at Jaunpur after the alleged accident. The U.P.S.R.T.C. denied the allegation of the accident at Jaunpur specially in the premises of Jaunpur Bus Depot. It was further stated that there was no report or complaint of the alleged accident even in the office of Jaunpur Bus Depot. As such, there was no question of rash and negligent driving of the bus or of any fatal injury to Desh Deepak Srivastava by bus No. UTY 9228 or of any liability of the opposite party on this account. It was further alleged that even according to the averments made in the petition it was a case of contributory negligence. The opposite party is not liable for negligence or delay in treatment of Desh Deepak Srivastava. His death allegedly took place after 10 days of the incident after so-called treatment at Gorakhpur and Lucknow, so the cause of death must be some secondary factor. The U.P.S.R.T.C. also denied the relationship of the claimants with the deceased, his age and earning capacity, his health and longevity of life in his family. It was further pleaded that Desh Deepak Srivastava could not receive salary after the retirement age and there was no justification, for claiming the medical expenses and compensation for loss of consortium, mental agony, etc. The calculations were vague and the claim was time-barred. Following issues were framed in this case: (1) Whether Desh Deepak Srivastava was travelling by bus No. UTY 9228 as alleged. (2) Whether bus No. UTY 9228 was involved in accident on 7.10.1981 at about 10.30 p.m. on Roadways "Bus Station, Jaunpur. (3) Whether accident occurred due to rash and negligent driving of the bus. (4) If so, to what amount of compensation are the petitioners entitled to get from the roadways.;