RAJ RANI KAPUR Vs. ASHOK KUMAR

JUDGEMENT

(1.) The appellants in this appeal seek to assail the judgment and award dated 15.09.2001 passed by the learned Motor Accident Claims Tribunal, New Delhi, whereby a sum of ' 64,100/- with interest at the rate of 9% per annum from the date of the filing of the petition till its realisation was awarded to them.

(2.) The concise facts leading to the filing of the present appeal are that the appellants had brought a petition for grant of compensation in the sum of ' 7,20,000/- under Section 110-A of the Motor Vehicles Act, 1939 against the driver, the owners and the insurer of taxi bearing No. DLT-5386, on the allegation that the rash and negligent driving of the said taxi by the respondent No.1 resulted in the death of their bread-earner Tilak Raj Kapur (hereinafter referred to as "the deceased") in an accident which took place on 02.02.1980. The proceedings in the said claim petition culminated in the passing of the aforesaid award by the Motor Accident Claims Tribunal with a direction to the respondent No.4-Insurance Company to pay the entire award amount. The liability of the respondent No.4-Insurance Company was, however, held to be limited to the extent of ' 50,000/- only and it was, therefore, given the liberty to recover the excess amount of ' 14,100/- with proportionate interest thereon from the insured/the respondent No.5 by executing the award.

(3.) Aggrieved by the meager amount of compensation awarded to them, the appellants, who are the wife, the son and the two daughters of the deceased, have preferred the present appeal for enhancement of the award amount on the ground that the learned Tribunal has passed the award by ignoring the facts proved on record and in utter disregard of the provisions of law in this regard.