D.S. CHADHA Vs. GIAN SINGH

JUDGEMENT

(1.) THIS first appeal under Section 110 -D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') is directed against the award of the Motor Accidents Claims Tribunal, Delhi (hereinafter referred to as 'the Tribunal') dated 30th January, i980, whereby a sum of Rs. 22,080/ - has been awarded in favor and of the appellants -claimants. The appellants claim that they should be awarded compensation in the sum of Rs. 1,00,000/ -.

(2.) BRIEFLY stated, the facts giving rise to this appeal are that on 16th June, 1973 at about 11.30 a.m. Jagjit Singh Chadha along with one Kanwaljit Singh Chadha was traveling on a scooter bearing No. WBN 8586 on the Mall Road towards Khyber Pass, when at a distance of about 50 yards from T point of University Road a bus bearing No. DLP 118 came from the opposite direction on to the wrong carriageway of the road, with the result that their scooter had a collision with the said bus. Jagjit Singh Chadha, pillion rider, sustained grievous injuries, and as a result thereof died in the hospital. The bus, driven by respondent No. 1, belonged to Delhi Transport Corporation, respondent No. 2 herein. The deceased, was working as a Supervisor with Punjab Breweries (P) Ltd., drawing total emoluments of Rs. 432.19 per month, was stated to be aged about 22 years. He was unmarried and left behind his father, mother, grandfather and grandmother, appellants herein.

(3.) THERE is no cross -appeal/objection by the respondents. The finding that the cause of accident was negligence of the respondent No. 1 and the liability of the bus for causing accident on 16th June, 1973, thereforee, stands admitted. The only question for consideration, thus, is of the quantum of compensation.