KHAZANO DEVI Vs. MOTI LAL

JUDGEMENT

(1.) By this order, I shall disposed of the FAO 85/81 filed by the claimants and the cross-objections (C.M.3003/89) filed by the owner of the truck in question.

(2.) Vide award dated October 17, 1980, the Motor Accidents Claims Tribunal had awarded compensation of Rs. 64,260.00 to the claimants and the amount is directed to be recoverable from all the respondents jointly and severally but the liability of the respondent. Insurance Company, was limited to Rs. 50,000.00 .

(3.) The facts of the case, in brief, are that on June 5, 1974, at about 3.30 P.M. the deceased 0m Prakash Gupta, was proceedings on a cycle on Ring Road towards Ashok Vihar when a truck No. DIG 2897 which was being driven by respondent No. I and was owned by respondent, Balram, and which truck was insured with respondent No. 3, M/s. New India Assurance Company Limited, came at a fast speed and had struck the cyclist from the back which not only damaged the cycle but also resulted in fatal injuries to the deceased. The deceased was aged about 41 years.