BHANUMATI VITHALDAS GOR AND ORS. Vs. MAGABHAI DHULABHAI AND ORS.

JUDGEMENT

(1.) APPELLANT No. 1, Smt. Bhanumati Vithaldas Gor, is the mother of appellant No. 2, Pankajkumar Kirtikumar and appellant No. 3, Dipakkumar Kirtikumar, both of whom are minor sons of appellant No. 1. Appellant No. 1 is further a widow of one Kirtikumar Chinubhai who met with a Bad fatal accident on 27 -8 -1972 at about 7 -00 p.m. on Sevaliya Balasinor Road by the rash driving of the S. T. Bus bearing No. GTE 4578 by its driver Magabhai Bhulabhai (respondent No. 1), who was driving the same bus during the course of his employment with Gujarat State Road Transport Corporation (respondent No. 2). Respondents Nos. 3 and 4 were parents of deceased Kirtikumar and respondents Nos. 5 and 6 were his unmarried sisters.

(2.) THE appellants had alleged that they are entitled to claim compensation from respondents Nos. 1 and 2 both, as the deceased had met with death on account of a motor vehicle having been driven in a rash and negligent manner. The claim which was made by the appellants therein was to the tune of Rs. 1,00,000/ - with the incidental orders about interest and costs. The to learned Tribunal accepted the plea of the appellants as regards the question of negligence and held both respondents Nos. 1 and 2 jointly and severally liable to the extent of Rupees 26,400/ - with interest at the rate of six percent per annum from the date of the application till realisation together with proportionate costs. He, however, dismissed the rest of the claim of the appellants.

(3.) THE deceased Kirtikumar was aged 29 having been born on 24 -3 -1943 (vide Exhibit 27) and was employed as a Primary School Teacher. He was serving as such since 1962. He had passed S. S. C. Examination and had also passed the qualifying examination for teachers. Appellant No. 1 stated in her deposition that at the time of his death, the deceased was drawing the salary of Rs. 132/ - per month and in addition was getting Rs. 75/ - per month as Dearness Allowance. She further claimed that the deceased was earning Rs. 150/ - per month by doing private tuitions. She further deposed that at the time when her husband was serving he was in the pay -scale of Rs. 120/ - to Rs. 210/ -. She further deposed that the pay -scales of the teachers have been revised and that they were at the relevant time fixed between Rs. 135/ - to Rs. 250/ -.