SWARAN KANTA SETH Vs. VIJAY AGGARWAL

JUDGEMENT

(1.) This appeal is filed by the appellants under Section 110-A of the Motor Vehicles Act, 1939 against the judgment dated 20th May, 1987 passed by Sh.S.M.Gupta, Judge, MACT in Suit No.157/80. That suit was filed by the appellants herein, who are the legal heirs of deceased Sh.Om Prakash Seth. Sh.Om Prakash Seth died in an accident and by the aforementioned suit, the appellants had claimed compensation to the tune of Rs.10 lacs. By the impugned judgment, the learned Judge, MACT awarded compensation of The appellants are not satisfied with the amount of compensation awarded, and therefore, have filed the present appeal for enhancement of the compensation.

(2.) The deceased was an Advocate who died in a road accident. On 25th April, 1977, at about 5.50PM the deceased was going from his residence to his office on his two-wheeler scooter bearing No.DHE-7005 which he was driving himself When he was crossing the road- crossing near Patel Chest Institute and had crossed 3/4th of the crossing, keeping to his left side of the road going from Vijay Nagar side, towards Delhi University a car No.DHD-2823 which was being driven by the respondent No.l came from Miranda House side and violently hit the scooter being driven by the deceased. In the process the accident caused fatal injuries to Sh.Om Prakash Seth who ultimately succumbed to those injuries. The fact that the respondent No.l was driving the car rashly and negligently has been proved and the learned Judge MACT has recorded the findings to this effect on issue No.2. The respondents 2 and 4 were the owners of the car and the respondent No.3 is the Insurance Company which had insured the offending vehicle.

(3.) Since there is no appeal filed by the respondents, the only question which is to be determined in this appeal is the validity of the judgment in so far as it relates to the quantum of claim awarded by the learned Judge, MACT.