LAL DEI Vs. HIMACHAL ROAD TRANSPORT

JUDGEMENT

(1.) We have heard counsel for the parties.

(2.) Leave granted.

(3.) The wife and the children of the deceased Narain Singh filed the claim petition before the Motor Accidents Claims Tribunal for his death in a bus accident. The Motor Accidents Claims Tribunal was pleased to allow the petition of the petitioners and awarded Rs. 7,96,280 with interest at the rate of 9 per cent per annum from the date of filing of the petition to the claimants. While awarding the compensation, the Motor Accidents Claims Tribunal has taken into consideration the family pension given to the family while calculating the amount of compensation. The Motor Accidents Claims Tribunal has deducted the family pension amount from the dependency of the claimants. Both the parties have preferred an appeal and cross-objection in the High Court. The award made by the Motor Accidents Claims Tribunal with interest was upheld by the High Court and cross-objection was dismissed. Against the said order of the High Court, the present special leave petition was filed.