RUKMANI DEVI Vs. OM PRAKASH

JUDGEMENT

(1.) Virender Kumar husband of Appellant Rukmani Devi died in bus accident on June 14, 1970. Apart from the widow he left behind three children aged 9 years, 6 years and 3 years Rs. 1,25,000/- only was claimed as compensation which was awarded by the learned Second Additional District Judge, Muzaffarnagar acting as Motor Accidents Claims Tribunal. On appeal the High Court observed that even after the death of Virender Kumar his partnership business is continued by the family members, having Avinash Kumar son of the deceased as partner of the firm. The High Court found that the partnership business is being carried on and the claimants are deriving benefit from that business and they have not been put to any pecuniary loss. On that reasoning the High Court reduced the compensation from Rs. 1,25,000/- to Rs. 48,600/-. We do not agree with the High Court. There is no justification whatsoever to reduce the compensation. We accept the appeal with costs, set aside the order of the High Court and restore the order of the Tribunal in toto and affirm the award of Rs. 1,25,000/- as compensation to the Appellants. The balance of the amount, if part of the amount has already been paid, shall be paid to the widow within four weeks from today.

(2.) The additional amount allowed in this appeal be paid by the New India Assurance Co. Ltd. to the Appellants with interest at the rate of 15 per cent from the date of the petition filed before the Tribunal. We quantify the costs as Rs. 3,000/-.