SUSHMA RANI Vs. SUSHIL KUMAR DUA

JUDGEMENT

(1.) This appeal is filed by the appellants who are four in number. Appellant No. 1 is the widow of Sh. Ajit Kumar Sharma (hereinafter referred to,as 'the deceased') and appellan s 2 to 4 are his children. Them other of the deceased was also arrayed as respondent No. 5 before the Motor Accidents Claim Tribunal (for short 'the Tribunal'). However, she died on 13th December, 1985 and as the appellants 1 to 4 were her legal representatives and already on record, her name was deletedfrom thearrayofpartksbythe Tribunal.

(2.) The cause of filing the petition before the Tribunal was the death of Sh. Ajit Kumar Sharma asaresultof accident caused by car No. DIB-2391on 8th March,1985 which was driven by Sh. Sushil Kumar Dua, respondent No. 1. This car was insured with respondent No. 2,M/s. New India Assurance Company Ltd. Sh. Sharma-died on account of injuries on 11th March, 1985. The deceased was aged-about 42 years and was working as a teache r in Lions Vidya Mandir, Kashmir House, Teen Murti. In this petition the appellants claimed a sum of Rs. 5 lacs with cost and interest as compensation from the respondents. Vide judgment dated 26th April,1993 the Tribunal awarded as sum of Rs. 3,57,000/- as compensation to be paid to the appellants herein along with interest at the rate of l2 per cent per ainnum on the awarded amount from the date of filing of the petition till realisation. It was, however, clarified that the appellants would not be paid any interest for the period from 6th December, 1988 to 21 st March, 1990 as the petition was dismissed in default on 6th December, 1988 and restored on 21st March ,1990 for, which respondents were not to be blamed. It was also directed that out of the aforesaid sum of Rs. 3,57,000/- the appellant No. 1 shall be paid a sum of Rs. 2,07,000/- and appellants 2 to 4 would be given a sum of Rs. 50,000/- each. Some other directions as to how thisamountis to be dealt with were also given.

(3.) Not satisfied with the quantum of compensation awarded to the appellants by the Tribunal, present appeal ispreferred.