NEW INDIA ASSURANCE COMPANY LIMITED Vs. VEENA AGGARWAL

JUDGEMENT

(1.) Briefly stated, the facts are that, on April 1,1986, deceased Dr. Rajinder Kumar Aggarwal, was going on his scooter No. DEI 5737, after meeting his in-laws, from Rouz Avenue, New Delhi, to his house in Krishan Nagar, Delhi. Around 6 P.M., when the deceased had reached near, Ramesh Park, Pusta Road, Shakarpur, a tempo, having registration No. DHL 8938, which was being driven by Subhash Chand, respondent no. 4 herein, rash- ly, recklessly and negligently, came from the opposite side and hit the scooter of the deceased and, as well as, the deceased. The tempo, not only hit the deceased, but also, hit two scooters, which were ahead of the scooter of the deceased, with the result, that the persons, driving both the scooters lost control. Due to the sudden impact of the tempo and the two scooters, the deceased fell down on the road, along with his scooter, and received injuries on head and body. This resulted in the death of Dr. Rajinder Kumar Aggarwal, just after four hours of the accident.

(2.) The claimants, who are respondents 1, 2 and 3 herein, being the widow and minor daughters of the deceased. Dr. Rajinder Kumar Aggarwal, filed a petition, under section 110-A and Section 92-A of the Motor Vehicles, 1939, Act, thereby, claiming a sum of Rs. 15,90,000.00 ,as compensation on account of the accidential death of the deceased.

(3.) Vide judgment dated November 20,1989, Motor Accident Claims Tribunal awarded a sum of Rs. 1,50,000.00 , with interest, at the rate of 12 per cent per annum, in favour of claimants, respondents 1, 2 and 3 herein, and against the appellant and respondents 4 and 5.