KASLIWAL, J. - (1.) One Chiranjilal died in a motor accident and his legal representatives Smt. Kistoori Devi and others filed a claim under S.110B of the Motor Vehicles Act, 1939, hereinafter referred to as the 'Act'. The learned Motor Accident Claims Tribunal by judgment dated 13-10-80 awarded an amount of Rs.30,750/- in all by way of compensation to the claimants. The aforesaid amount of compensation also included an amount of Rs. 1,500/- allowed to Smt. Kistoori Devi widow of Chiranjilal deceased by way of mental shock and loss of consortium, and Rs.800/- each to Banwarilal, Brajesh Kumar, Kamlesh Kumar, Vipin Behari and Chandra Shekhar, all sons of deceased Chiranjilal by way of loss of love and affection and mental agony. The Rajasthan State Road Transport Corporation, hereinafter referred to as the 'Corporation', filed an appeal challenging the Award dated 13-10-80 given by the Tribunal. The learned single Judge considered that an important question of law had been raised during the arguments of the appeal in respect of admissibility of compensation on the following heads in the case of fatal accidents:- (1) Loss of love and affection of spouse/ children/parents. (2) Consortium, (3) Loss of future happy life of deceased. (4) Mental shock (5) Mental and physical agony, pain and sufferings.
(2.) In the opinion of the learned single Judge, there was controversy and conflict of judgments in respect of the effect and implication of Ss.1 and 1(A) of the Fatal Accidents Act (1855), compared with S.110B of the Act. As several cases were pending before this court at Jaipur and Jodhpur and further Accident Claims Tribunal of Rajasthan were required to consider the above question in all cases of fatal accidents, in the opinion of the learned single Judge, the question whether compensation can be allowed in fatal accident claims in all or any of the above heads, required an authoritative decision of a larger bench. In these circumstances, the matter has come up for consideration before the Full Bench.
(3.) In order to appreciate the arguments made by the learned counsel for the parties and the case law cited at the bar, it would be proper to quote S.1A and S.2 of the Fatal Accidents Act and S.110B of the Act: "1 A. Suit for compensation to the family of a person for loss occasioned to it by his death by actionable wrong - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, the party who would have been liable if death had not ensued shall be liable to an action or suit for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony or other crime. (***) Every such action or suit shall be for the benefit of the wife, husband, parent and child, if any, of the person whose death shall have been so caused, and shall be brought by and in the name of the executor, administrator or representative of the person deceased. and in every such action the Court may give such damages as it may think proportioned to the loss resulting from such death to the parties respectively, for whom and for whose benefit such action shall be brought; and the amount so recovered, after deducting all costs and expenses, including the costs so recovered from the defendant, shall be divided amongst the before mentioned parties, or any of them, in such shares as the Court by its judgment or decree shall direct." "2. Not more than one suit to be brought-Provided always that not more than one action or suit shall be brought for, and in respect of the same subject-matter of complaint: Claim for loss to estate may be added-Provided that in any such action or suit, the executor, administrator or representative of the deceased may insert a claim for and recover any pecuniary loss to the estate of the deceased occasioned by such wrongful act, neglect or default which sum, when recovered, shall be deemed part of the assets of the estate of the deceased." Sec.110B : "On receipt of an application for compensation made under S.110A, the Claims Tribunal shall, after giving the parties an opportunity of being heard, hold an inquiry into the claim and may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid; and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be.";