CHAMELI WATI Vs. DELHI MUNICIPAL CORPORATION

JUDGEMENT

(1.) This is an appeal against the order of the learned single Judge by which he has awarded under the Motor Vehicle Act an amount of Rs. 38,522.00 by way of compensation with interest at 6 per cent till realisation with costs to the appellants for the death of their son Ramesh Ghander.

(2.) The accident took place on 25-8-1970. The bus was being driven by Ajit Singh, Driver. The bus belonged to the D.T.G, respondent No. 2. It was stated that the Driver was driving the bus rashly and negligently and the accident took place because of the fault of the Driver. The Trial Court as well as the learned single Judge have held that the accident occurred due to rash and negligent driving of respondent No. 3, Driver, which resulted in the death of Ramesh Ghand. This being a finding of fact there is no occasion to interfere with it in this appeal and the same is affirmed.

(3.) The deceased was 24 years of age at the time of his accident. The claim was put in by his father and mother. At the time of accident the age of father was 53 years and that of mother 49 years. The learned single Judge has calculated dependency at 16 years. This period is not seriously challenged by the learned counsel for the appellant. We are of the view that this was a reasonable period and we uphold the same.