R.B.Misra, J. - (1.) THE present appeal is a sequel to an unfortunate accident, which took place on 19th July 1971, in which Brij Mohan Arora lost his life in the following circumstances: Brij Mohan Arora was a Medical Officer attached to Primary Health Centre, Binauli Block, Tahsil Sardhana, district Meerut. He was under orders of transfer to Chamoli. On the fateful day, he was going from Meerut to Sardhana on his motor-cycle No. USD 4119 at about 8.30 A.M. A military truck No. RC 5587 came from the opposite direction. In overtaking a rickshaw, it dashed against the motor-cycle of Brij Mohan Arora causing serious injuries. He was taken to the hospital where he died, leaving behind his widow Smt. Neelima Arora and two minor children, namely Shalini Arora, minor daughter aged about 1- years, and Baby Arora, minor son, aged about two months. Smt. Neelima Arora, his widow, filed a claim on her behalf and on behalf of her minor children and claimed a sum of Rs. 2,50,000/- by way of compensation against the respondents, namely, Union of India through the Secretary, Defence Department, Central Secretariat, New Delhi, 5 Field Regiment, Meerut Cantonment, through the Commanding Officer and the Driver Sri Surendra Singh, on the allegations that the accident took place due to rash and negligent driving of the military truck by Surendra Singh, the driver of the truck.
(2.) THE claim was resisted by the respondents. THE respondents filed a common written statement. THEy admitted that the accident took place on 19th July, 1971, at about 8.30 A.M. at the place alleged by the appellant by truck No. R. C. 5587 in which Dr. Brij Mohan Arora lost his life. THEy, however, pleaded that the military truck had gone to the railway station to collect mail and while it was returning after collecting the mail, at a speed of 25 Km. per hour, the truck overtook a rickshaw going in the same direction, when he saw that the deceased Dr. Brij Mohan Arora was coming on a motor-cycle from the opposite direction at a fast and reckless speed. THE driver of the vehicle, in order to give a clear passage to the motorcyclist, kept his vehicle towards his left after crossing the rickshaw, yet the deceased motor- cyclist dashed against the Army vehicle, as he was in high speed and the motor-cyclist swerved to his right and could not control the same because of the high speed. According to the respondents, the accident was due to the own fault of the deceased Dr. Brij Mohan Arora and not due to the negligence of the driver of the military vehicle. THE respondents were, therefore, not liable to pay any compensation and in any case, the compensation claimed was excessive. The pleadings of the parties gave rise to the following three issues:- " 1. Whether the accident took place due to the rash and negligent driving by Surendra Singh, driver of Military truck in question, or whether the accident took place due to rash and negligent driving of the motor-cycle of the deceased? 2. Whether at the time of accident the Military truck was returning after collecting mail from the railway station and, as such, the Union of India is not liable to pay compensation? 3. To what compensation, if any, are the applicants entitled and from which O. P.?" The Claims Tribunal came to the conclusion, that the accident took place due to the rash and negligent driving of the driver of the military truck No. R C 5587, on issue No. 1. On issue No. 2, the Tribunal held that the Union of India was liable to pay compensation for the tortious act of the driver of the military truck. On issue No. 3. the Tribunal assessed the amount of compensation at Rs. 60,000/- with costs pendente lite and future interest at 6% with these findings, the Tribunal allowed the claim of the appellant and awarded a compensation of Rs. 60,000/- with interest of 6% by its order dated 2nd June 1973. Smt. Neelima Arora feeling aggrieved by the award, has come up in appeal before this Court.
(3.) THE Union of India has submitted to the award and has filed no appeal. THErefore, the only issue that survives for consideration in this appeal is issue No. 3 regarding the amount of compensation. The appellant submitted a claim for Rs. 2,50,000/- by way of compensation. Smt. Neelima Arora, at the time of the death of Dr. Brij Mohan Arora was 21 years of age and her two children were of 1- years and 2 months. Smt. Neelima examined herself as P. W. 1. She stated that she was married with Dr. Brij Mohan Arora in February, 1969 and Ku. Shalini Arora and Baby Arora, her two children, were born from the wedlock. She further stated that her husband was a medical graduate M. B. B. S. from the Allahabad Medical College and was employed as a P.M. S. Officer. At the time of the accident, he was getting a salary of Rs. 648/- after deducting the income-tax. He was appointed as a doctor at Binauli, but was under orders of transfer to Chamoli and was preparing to go to Chamoli. She deposed that she and her children were solely dependent on the deceased Dr. Brij Mohan Arora, she also examined Sri Suraj Bhan Sharma (P. W. 4), who was a clerk in the Treasury Office, Meerut, to prove the salary the deceased was getting at the time of his death. The clerk had brought the pay register of the Gazetted Officers in the medical department. He stated that Dr. Brif Mohan Arora used to get Rs. 658.75 p. by way of salary and a sum of Rupees 10/-was deducted out of his salary towards Income Tax and in all, he was paid Rs. 648- 75 p. He however admitted in his cross-examination that the basic pay of Dr. Brij Mohan Arora was Rs. 375/- per mensem and he used to get Rupees 70/- as special pay, Rs. 128/- as dearness allowance, and Rs. 93.75 as non-practising allowance.;