USHA N BADLANI Vs. ANIL KUMAR OBEROI

JUDGEMENT

(1.) This is an appeal against the award of the Motor Accidents Claims Tribunal dated 31st January, 1981. The Tribunal had awarded a sum of Rs. 1,00,351.00 with costs and interest at the rate of 6 per cent per annum on the said amount from the date of the award till realisation in the event of the respondents failing to make payment of the awarded amount within 60 days from the date of the award. This award was with respect to the claim of the widow, children and mother of Shri Narender N. Dadlani on account of his death in an accident which took place on 2nd November, 1977 at about 3.20 p.m. on outer Ring Road, New Delhi. The deceased was driving a scooter while the Fiat Car which dashed against the deceased was owned by respondent No. 2 and was being driven by respondent No. 1. Respondent No. 3 Is the Insurance Company.

(2.) In the petition under Section 110-A of the Motor Vehicles Act, 1939, the claimants had claimed a sum of Rs. five lacs. The petition was contested by the respondents. On the pleadings of the parties the following issues were framed:

(3.) Issue No. 1 was decided in favour of the claimants while on Issue No. 2 it was held that there was no negligence on the part of the deceased. On Issue No. 3 It was held that all the claimants were the legal representatives of deceased and were, therefore, entitled to file the petition. It may be noted here that the mother of the deceased has died during the pendency of the appeal and the only claimants before me are the widow and minor children of the deceased. On Issue No. 4, as already noted, the Tribunal determined the amount of compensation as Rs. l,00,351.00 and awarded the same in favour of the claimants alongwith interest and costs.