SUSHILA GOEL Vs. UNITED INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This Letters Patent Appeal under Clause 10 arises from the judgment of the learned Single Judge in FAO No. 202/87, dated 6/05/1991. The facts giving rise to this appeal, briefly stated are as follows:-

(2.) On 17/07/1974 at about 7.45p.rn., Mr. P.G. Goel, who was working as Under Secretary in the Rajya Sabha Secretariat, was crushed to death by a bus being driven by respondent no.2. The accident took place while the deceased was going towards Lodi Colony on his scooter. The bus belonged to respondent no.3 and was insured with respondent no.1. At the time of this unfortunate accident, the deceased was fifty years of age and he had still eight years of service left before his retirement.

(3.) The first appellant, who is the wife, and appellants 2,3,4 and 5, who are the sons and daughter of the deceased, moved the Motor Accident Claims Tribunal (MACT) claiming a sum of rupees ten lakhs as compensation from respondent Nos.1 to 3 for the death of the deceased in the aforesaid accident. On consideration of the case of the parties the Tribunal was of the following view:-