DELHI TRANSPORT CORPORATION Vs. VEERA BAI

JUDGEMENT

(1.) The appellants through the present appeal have taken exception to the judgment and order dated December 8,1980 passed by Shri S.N. Kapur, Judge, Motor Accident Claims Tribunal, Delhi, whereby he made an award in favour of the respondents herein to the tune of Rs. 30,600/ and held the appellants jointly and severally liable to clear the same.

(2.) It would be necessary to state in brief the facts of the present case in order to fully and properly appreciate the points involved herein. The deceased Wazir Chand on October 11.1975 was going on a cycle to Irwin Hospital in order to meet and see his daughter-in-law who was admitted over .there. While he had almost crossed the Ring Road towards Darya Ganj and reached near Shantivana a bus bearing No. DLP 1932 of Route No. 42, Faridabad - Delhi, hit the cycle of the deceased with such force that the deceased fell on the road at a distance of "about 8 feet as a corollary whereof the deceased sustained grievous injuries. His collar bone and chest bone were fractured and he became unconscious. He was removed to the hospital. He did not regain consciousness till his death. The said bus was being driven rashly and negligently by respondent No. 1. Respondent No. 1 stopped the bus only on being pressurised by the passengers of the bus when they raised a hue arid cry.

(3.) The deceased was the husband of respondent No. 1 and father of the other respondents. He was a fruit vendor by profession. His monthly income was Rs. 500/-. He would have lived for 40 years more but for the said accident. Hence, the respondents claimed compensation to the tune of Rs. one lac from the appellants, being the owner and driver respectively of the bus involved in the accident