R.S.VERMA, J. - (1.) LEARNED Motor Accidents Claims Tribunal, Jodhpur, (hereinafter called 'the Tribunal'), by its award dated 14.2.1985 has held respondent No. 1 Brij Mohan Lal entitled to recover Rs. 25,500/ -, jointly and severally from the appellant Rajasthan State Co -operative Dairy Federation (hereinafter called 'the Federation') and Haridas respondent No. 2, along with interest at 9 per cent per annum from 21.5.1980 till recovery. By this very award, it has dismissed the claim of aforesaid Brij Mohan Lal against respondent No. 3, the Pashchimi Rajasthan Dugdha Utpadak Sahkari Sangh Ltd. (hereinafter called 'Pashchimi Sangh'), Jaipur Zila Dugdha Utpadak Sahkari Sangh Ltd. (hereinafter called 'Jaipur Zila Sangh') and United India Insurance Co. Ltd. (hereinafter called 'the insurer'). Aggrieved the Federation has come in appeal.
(2.) IN a nutshell, the case of respondent No. 1 Brij Mohan Lal, as set out in his up -to -date amended claim petition, was that on 27.11.1979, at about 3 p.m., his daughter Anita Garg, aged about 17 years, was returning from the college to her home. When she reached the intersection opposite Medical College, Jodhpur, a tanker (truck) RSB 2778 collided with great force against Anita. The collision resulted in the death of the girl. The aforesaid tanker (truck) was being driven by its driver Haridas rashly and negligently. A report of this incident was lodged the same day with police station, Shashtri Nagar. The Investigating Officer reached the spot after some time and prepared a site plan and memo thereof. Haridas driver did not stay at the spot after causing the accident but drove away the tanker (truck) from the scene of occurrence. Hence, the Investigating Officer did not find the tanker (truck) at the scene of occurrence. Likewise, he did not find Anita at the scene of occurrence because in the meanwhile, she had been removed to Railway Hospital, Jodhpur, where she was declared dead. Later on, the same day, a post -mortem examination (vide C 7/29 of the record of Tribunal) was conducted on the dead body of aforesaid Anita and following injuries were found on her person: (1) Lacerated wound -2.0 cm. long with missing of left ear lobule. (2) Lacerated wound 2.0 cm. long X 1.0 cm. X skin deep toward upper part of the left ear pinna. (3) There was depression of the left upper chest below clavicle. There is fracture of 2nd and 3rd ribs on the left side of the chest in anterior axillary line with perforation of pleura and left upper lobe of the lung by the fractured end of 2nd rib and pleural cavity was full of partially clotted blood about 500 -600 ml. with bleeding nose. (4) Abrasion 23.0 cm. X 8.0 cm. on the left abdomen laterally oblique upto anterior superior iliac spine, on opening the abdomen there was rupture of spleen on its lateral aspect and peritoneal cavity was full of partially clotted blood about 600 -650 ml. There was fracture of left hip bone. (5) Abrasion 25.0 cm. X 7.0 cm. on the left thigh on its lateral aspect. (6) Abrasion 28.0 cm. X 9.0 cm. on the left thigh on its anterior aspect. (7) Abrasion 19.0 cm. X 2.0 cm. on the left thigh on its medial aspect. (8) Lacerated wound -22.0 cm. X 8.0 cm. X muscle deep extending from lower l/3rd left thigh upto upper l/3rd left leg on its posteriolateral aspect. (9) Abrasion 30.0 cm. X 3.0 cm. on the left leg medially. (10) Lacerated wound 10.0 cm. X 2.0 cm. X muscle deep on the perineum extending from the urethral opening with perforation of hymen, posterior vaginal wall, perineum in mid line upto oval opening with bleeding. In the opinion of the doctor conducting post -mortem examination, the cause of death was shock as a result of hemorrhage due to injury to left lung and spleen. Anita had died within 2 to 4 hours before post -mortem examination was done and the cause of death as per information given by police was 'truck ki tuckker se chot lagne se'. Upon such material, the S.H.O. challaned Haridas after due investigation for offences under Sections 279 and 304A Indian Penal Code.
(3.) BRIJ Mohan claimed that Anita was a brilliant girl. She was student of First Year of the three year degree course with Science and Biology as her subjects. She was preparing herself for a medical career. Had she lived a normal span of life, she would have contributed at least Rs. 1,200/ - per month to the income of the family. Brij Mohan claimed Rs. 51,000/ - on account of compensation.;