(1.) The appeal and the cross objections arise out of the order of the Motor Accidents Claims Tribunal, Delhi, (hereinafter referred to as the Tribunal) dated 20.3.1964 in suit No. 6 of 1962 by which the learned Tribunal passed a decree for Rs. 20,000.00 in favour of the respondents in this appeal. Respondents Nos. 1 and 3 before the Tribunal, namely, Delhi Transport and Mr. Inder Raj, a DTU driver respectively, have filed the appeal against the order and decree of the learned Tribunal and the petitioners before the Tribunal have filed the cross objections for enhancement of the deecretal amount to Rs. 89.600.00. Both the appeal and the cross objections, can, therefore, be disposed of by a common judgment. The appellants and the respondents in this appeal will hereinafter be referred to by their designation in the lower court.
(2.) The petitioners filed an application before the Tribunal under section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) claiming a sum of Rs. 89, 600.00 by way of compensation for the death of one Jagatri Lal, who is alleged to have been killed in a motor accident on 12.11.1961. According to the averments in this application, deceased Jagatri Lal, who was employed as a Manager in the Moti Mahal Hotel and Moti Mahal Restaurant, situated in Darya Ganj, Delhi, was coming to the Hotel at about 6 P.M. and was crossing the road in front of the Hotel when he was caught between a D.T.U. Bus No. DLP 564 which had stopped in front of the Moti Mahal Resturant and had just started from that place and another DTU bus No. DLP 345 which was coming at a high speed from the Delhi Gate side. The deceased sustained serious injuries and was removed to the Irwin Hospital where he succumbed to the injuries later the same night. According to the petitoners, the accident occurred due to the rashness and negligence of the drivers of the two DTU buses. The Deceased was earning Rs. 290.00 per month by way of salary and was also getting free meals and other amenities at the Hotel. He was aged about 30 years and was of sound health. The petitioners were the wife and the minor children of the deceased. They estimated the pecuniary loss suffered by them as a result of the untimely death of the deceased at Rs. 89,600.00 and claimed this amount by way of compensation from the respondents.
(3.) The application was resisted by the respondents mainly on the ground that the accident occurred only due to the negligence of the deceased himself and not due to any rashness or negligence on the part of either of the drivers of the two buses. The following issues were framed by the Tribunal : 1. Whether the vehicles of the Delhi Transport Undertaking are exempt from provisions of Chapter VIII of the Motor Vehicles Act ? If so, what is its effect ? 2. Whether the death of the Jagatri Lal, husband of Raj Kumari father of other petitioners, was due to accident caused by the rash and negligent driving of buses No. DLP 564 and DLP 345 on 12.11.1961 at 6.15 P. M opposite Moti Mahal, Darya Ganj, Delhi ?. 3. To what amount of compensation the petitioners are entitled to and from whom ?. 4. Whether the deceased was guilty of contributory negligence If so, what is its effect ? 5. Whether the applicants are legal heirs of the deceased ?. 6. Relief.