DELHI TRANSPORT CORPORATION Vs. SUSHMA BHATNAGAR

JUDGEMENT

(1.) By this judgment, I shall dispose of the above two appeals assailing an order dated 6th May, 1994 passed by learned Motor Accident Claim Tribunal (Tribunal for short). The first appeal being FAO 161 of 1994 was preferred by DTC whereby DTC has assailed the order of Tribunal on the ground that the learned Tribunal wrongly came to conclusion that the accident was caused by the driver of DTC bus. It is submitted that the accident was caused due to negligence of the deceased who was trying to cross the crossing at red light when signal was red by overtaking the bus.

(2.) The other grounds taken by the appellant are that the Tribunal did not calculate the compensation properly as per the law laid down in various judgments and the Tribunal wrongly computed the compensation. The Tribunal gravely erred in not reducing the damages by Rs.80,000/-, Rs.25,000/- and Rs.25,000/- received by the dependents on account of group insurance scheme, gratuity and payment for death on duty from the employer. It is also stated that the Tribunal wrongly awarded 12% interest.

(3.) The second appeal being FAO No.194 of 1994 is filed by the claimants assailing the quantum of compensation awarded on the ground that the Tribunal did not take into account the correct parameters and did not award amount on account of loss of love and affection, loss of consortium and the Tribunal wrongly applied a multiplier of 10 and allowed only a sum of Rs.4,80,000/-