VIRAM DEVI Vs. SHIV KARAN

JUDGEMENT

(1.) This appeal is directed against the order of the Motor Accident Claims Tribunal at Delhi by which the claim of the appellants under section 110A of the Motor Vehicles Act was dismissed on 27th August, 1966.

(2.) On 14th December, 1964 at about 9.45 p.m. Sikander Lal deceased, was involved in an accident with a D.T.U. bus having registration No. DLP-713 owned by respondent No. 2 and driven by Shiv Karan, respondent No. 1 on Najafgarh Road near Titarpur. Sikander Lal was injured in this accident and was removed first to Tilak Nagar Hospital but later to the Irwin Hospital where he died the next day leaving behind him Viran Devi, his morher, Phulawanti, his widow and three minor childran, one son, Amresh Kumar, aged 6 years and two daughters, Chanchal Kumari and Urmila Kumari, each aged 2 years. These heirs, legal representatives and dependents of Sikander Lal filed a claim in the Motor Vehicle Accidents Claim Tribunal for Rs. 80,000 - contending that Sikander Lal had met his death on account of injuries caused by the D.T.U. bus aforesaid driven rashly and negligently by the driver of the bus and on account of the wrongful act of the driver committed during the course of his employment. The respondents admitted the occurrence of the accident but denied the allegations that the accident was caused on account of the rashness or negligence of the driver of the bus. Certain other technical objections were also raised against the Claim. On the pleadings of the parties the Tribunal settled the following issues :-

(3.) The Tribunal decided issue 1 against the respondents and issue No. 3 in favour of the appellants, issue No. 2 was decided against the appellants and in view of findings on issue No. 2 the Tribunal did not consider it necessary to give a finding on issue No. 4. On issue No. 5 the Tribunal came to the conclusion that the appellants would be entitled by way of compensation to a sum of Rs, 20,700.00 but inasmuch as a lumpsum payment was being ordered the net amount payable by the respondents to the appellants was to be Rs. 16,290.00. Out of this amount a sum of Rs. 22,90.00 was to be paid to Viran Devi, the mother, and the rest to the widow and the minor children. In view, however, of the Tribunal's finding on issue No. 2 the petition for claim was dismissed. Aggrieved by the dismissal of their petition the appellants filed an appeal to this Court. The respondents did not file any cross appeal or cross objections regarding the findings against them.