- (1.) Out of these connected four appeals filed under Section 110-D of the Motor Vehicles Act, two of them have been preferred by the U.P. State Road Transport Corporation (hereinafter referred to as the Corporation) whereas two others have been preferred by the claimants of claim petition Nos. 229 and 230 of 1971. Claim petition No. 229 of 1971 has been filed by Vivek Saran Srivastava whereas his mother Smt. Dr. L. Srivastava preferred claim petition No. 230 of 1971. Both of these claim petitions were in respect of the same incident, which took place on 16th June, 1971. Vivek Saran Srivastava had made a claim of Rs. 25,000/- for his injuries whereas the claim made by his mother, Dr. Smt. L. Srivastava, was for the amount of Rs. 1,10,600/-. The details of the amounts is as follows : - JUDGEMENT_80_LAWS(ALL)4_19851.html
(2.) Vivek Saran Srivastava claimed a consolidated sum of Rs, 25,000/- on account of his future earning capacity and damages for pain, mental agony and suffering and also damage to his limbs.
(3.) In support of the claim petitions, which were tried together by the Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal), Vivek Saran Srivastava appeared as P.W. 9 and Dr. Smt. L. Srivastava as P.W. 12. Both of them deposed in support of their cases. Their case was that on the 16th June, 1971, the two were returning from Mussoorie in their Ambassador Car No. U.P.L. 5641, which was being driven by Vivek Saran Srivastava. In the after-noon, when the Car reached near the Kale Temple on Dehradun-Rishikesh Road, the car driver saw a bus No. 9229 coming from the opposite direction at a fast speed. To save the accident, Vivek Saran Srivastava went towards his left side and also gave signals to the bus driver. The driver, however, was running the bus at a fast speed which was beyond his control and despite the fact that the car was visible to him from a long distance, the driver dashed the bus with the car as an impact of which, he and his mother, Dr. Smt. L. Srivastava, received serious injuries.;