DELHI TRANSPORT CORPORATION Vs. DEEP KANTA

JUDGEMENT

(1.) The Delhi Transport Corporation assails an order dated 27th July, 1995 passed by learned MACT in Case No. 19/83 awarding compensation of Rs. 3,07,000/- in favour of respondents/claimants on account of the death of Shri Ashok Kumar husband of the claimant/respondent No. 1 in an accident with a DTC bus on 23.8.1982.

(2.) .I have heard learned Counsel for the appellant and learned Counsel for the respondents 1, 2 and 3.I have gone through the Trial Court Records. None has appeared for respondent No. 4, the driver of the offending vehicle.

(3.) . The facts relevant for the disposal of this appeal, briefly stated, are that respondents 1,2 and 3 filed a claim petition under Section 110 of the Motor Vehicle Act, 1939 (hereinafter referred to as the Act only) against the appellant and respondent No. 4 alleging that on 23.8.1982 at about 9.50 p.m. when Ashok Kumar aged about 27 years was going on his two wheeler scooter, the DTC bus No. DHP 2717 which was being driven by respondent No. 4 in a rash and negligent manner struck against his scooter as a result of which he fell down and sustained grievous injuries. He was removed to hospital where he was declared dead. The respondents 1,2 and 3, the widow, child and father of the deceased alleged that the deceased was running a tea stall and his income was about Rs. 1,000/- per month. They claimed compensation of Rs. 8 lakhs with interest.