UNION OF INDIA (UOI) Vs. SOMA BABILONI AND ORS.

JUDGEMENT

(1.) MAJ . D.K. Babiloni, a youngman of 34 years, was serving in the Indian array and was posted in 16 Corps, headquartered at Nagrota. He had qualified from the Staff Course College and had obtained M.Sc. degree in Military Sciences from Madras. On November 15, 1980, at about 11 o'clock in the night he was travelling as a pillion rider on the scooter driven by Ashwani Koul, s/o Brig. K.K. Koul and was going towards the residential quarters located at Nagrota Udhampur road after attending a function at Army club, Nagrota. He had also his family consisting of his wife Mrs. Soma Babiloni and two children, who had left in a separate vehicle alongwith other ladies of army officers. In the way about 3 kms. away from Nagrota towards Udhampur side, a 3 -ton army vehicle, which was coming from opposite direction, hit the parapet and then struck with the scooter driven by Ashwani Koul. Both the occupants of the scooter were thrown aside on the ground resulting in extensive injuries to Maj. Babiloni who was first taken to M.I. room and afterwards removed to the military hospital. Maj. Babiloni, however, succumbed to the injuries on November 16, 1980 at about 4.30 a.m. It is alleged that 3 ton vehicle bearing No. 73D 2970 -Y was being driven rashly by its driver Sepoy Sen Basappa of Tpt. Coy and this driver first dashed the vehicle against a parapet on the right side of the road and then struck it with the scooter driven by Ashwani Koul causing serious injuries to Maj. D.K. Babiloni, who was occupying rear seat of the scooter. The scooter was badly damaged.

(2.) TWO separate claim petitions, one, by Mrs. Soma Babiloni, widow of Major Babiloni and her two minor children and the other by Mr. B.R. Babiloni, Mrs. Vidya Babiloni, father and mother of the deceased and Kumari Chandra, sister of the deceased, were filed before the J and K Motor Accidents Claims Tribunal, Jammu, claiming compensation as according to them, the deceased was contributing whole of his income towards their maintenance and welfare. Both these petitions were consolidated and heard simultaneously.

(3.) THE Claims Tribunal framed the following issues in the case for determination: