DELHI TRANSPORT CORPORATION Vs. GEETA KAKKAR

JUDGEMENT

(1.) Since both these appeals arise out of the same award passed by the Motor Accident Claims Tribunal, they have been disposed of by this common order. A few facts relevant in deciding these appeals are:

(2.) The respondents filed the written statement totally denying the accident. It was stated in the written statement that no accident whatsoever had taken place on the fateful day with the bus being driven by its driver and the deceased having not died because of the injuries sustained in the accident with the bus, there was no question of payment of any compensation by the respondents to the appellants. On the pleadings of the parties, the tribunal framed the following issues: -

(3.) While deciding the issue No.1, the tribunal relied upon the testimony of the eye-witnesses and held that the accident was caused due to the rash and negligent driving of the bus by its driver. It was held that the appellants being the widow and children of the deceased were competent to file application claiming compensation from the respondents. Taking the income of the deceased at Rs.2,000.00 per month, the tribunal held that the loss of dependency to the family would not be more than Rs.1,200.00 per month. Applying the multiplier of 16, the tribunal held that the appellants will be entitled to the total compensation of Rs.2,30,400.00. As already mentioned above, this award has now been challenged by the DTC by filing an appeal on the ground that no accident had taken placed with the bus. The claimants, namely, the wife and children of the deceased have filed appeal for enhancement of compensation awarded by the Tribunal.