NEERU GAMBHIR Vs. NEW INDIA INSURANCE CO.

JUDGEMENT

(1.) THE appellant has filed this appeal against the judgment of Shri P.R. Thakur, Motor Accident Claims Tribunal, Delhi, dated 21st October, 1981, whereby on the basis of the alleged compromise between the parties he has awarded compensation under Section 110A of the Motor Vehicles Act.

(2.) THE facts of the case are that on 26th June, 1974, the husband of the petitioner Shri Sham Sunder Gambhir accompanied by his mother Smt. Hemi Bai and baby daughter, Kumari Rakhi Gambhir, while traveling by a Mini Bus No. DIP -5605 from Inter State Bus Terminal at Kashmiri Gate, Delhi and going to his house at Geeta Colony across river Jamuna, met with an accident on Pushta Road near Shamshan Ghat, when another Mini Bus No. DIP -4780 coming from Jheel side collided with their bus. As a result of the accident, the husband of the petitioner Shri Sham Sunder Gambhir and others sustained injuries. In the case of Sham Sunder the injuries proved fatal. By the petition under Section 110 -A of the Motor Vehicles Act filed by the petitioner for grant of compensation, Shri P.R. Thakur, Motor Accident Claims Tribunal, Delhi on 21st October, 1981, has awarded the compensation against which the present appeal has arisen.

(3.) I have considered the submissions of Mr. Dhingra, learned Counsel for the appellant. There is force in these submissions. The Counsel for the petitioner and the petitioner/ appellant, has given the following statement before the Motor Accident Claims Tribunal, Delhi on 25th February, 1980 : Statement of Counsel for petitioners, Shri N.K. Chaudhary along with petitioner, Smt. Neeru Gambhir on S.A.: The petitioner is ready to accept Rs. 36,000/ - as compromise award in full and final settlement of her claim against all the respondents and Rs. 500/ - each for Hemi Bai and Ms. Rakhi Gambhir (minor daughter of the petitioner) against all the respondents, provided all the above said amount i.e. Rs. 37,000/ - is paid by the respondents within a period of two months from today. This statement is without prejudice to the rights of the petitioners. Statement of Counsel for petitioner Shri N.K. Chaudhary for the petitioner, Smt. Neeru Gambhir for herself and for her minor daughter, Ms. Rakhi Gambhir: Though I am loser for Rs. 1,000/ - but in view of the fact that the compromise cannot be arrived at as there is some difficulty. I accept Rs. 35,000/ - instead of Rs. 36,000/ - stated above, in full and final settlement of my claim against all the respondents. A sum of Rs. 500/ - each be paid to Ms. Rakhi Gambhir and Smt. Hemi Bai.