SHANTA DEVI Vs. CHANCHAL SINGH CHADHA

JUDGEMENT

(1.) This is an appeal under Section 11 0 D of the MotorVehicles Act, 1939 (for short the Act), against the award of the Motor AccidentClaims Tribunal (for short the Tribunal) dated 19/05/1980, whereby a sum ofRs. 67,950.00 has been awarded in favour of the petitioners/appellants. Theappellants' claim that they should be awarded compensation in the sum ofRs. 2 lakhs besides interest at 12% per annum from the date of the institutionof the claim petition till the date of realisation of the awarded amount. Crossobjections, being C.M. 5098/80, have also been filed on behalf of the driver,respondent No. 1 and the Insurance Company, respondent No. 4, for restrictingcompensation to Rs. 15,000.00.

(2.) The facts giving rise to the appeal and the cross-objections are thaton 21/11/1970 at about 10 A.M. Dharam Singh Tyagi along with hisfriend Mr. Ganga Pershad Tyagi, was travelling on a motor cycle towards TisHazari Courts when on Najafgarh Road near Tittar Pur Village their motorcycle had a head-on collusion with an ambassador car bearing registration No.ORG 4823. Both of them suffered grievous injuries, as a result thereof theydied. The car, belonging to respondents 2 and 3, was driven by respondentNo. 1 and was insured with respondent No. 4. The deceased, Dharam SinghTyagi, an Advocate by profession, was stated to be aged about 35 years. Heleft behind his widow and two minor daughters, the appellants herein.

(3.) The claim petition, under Section 110A of the Act was filed by theappellants on 20/01/1971 making a claim of Rs. 2 lakhs against therespondents. The petition was contested by respondents 2 and 4 only. Respondents Nos. 1 and 3 were proceeded ex-parte.