LAWS(DLH)-1994-5-59

PHOOLAN RANI Vs. RATAN LAL

Decided On May 04, 1994
PHOOLAN RANI Appellant
V/S
RATAN LAL Respondents

JUDGEMENT

(1.) This first appeal is directed against the judgment dated 29.4.1986 of the learned Motor Accident Claims Tribunal, Delhi by which he passed an award of Rs. 1,20,000.00 in favour of the appellants 1 to 3 and 5 to 8 with costs and interest at the rate of 12% per annum from, the date of the petition till realisation, including Rs. 15,000.00 which was already paid by way of interim relief under Section 92-A of the Motor Vehicles Act.

(2.) The appeal was admitted only in respect of one aspect and that was that the appellants had claimed that the deduction on account of the personal expenses of the deceased were taken on higher side by the Tribunal and the Tribunal had not considered the nature of dependency and number of family members.

(3.) However, it will be appropriate to first give the circumstances in which this accident took place. On 19.11.84 the deceased Som Nath Bhutani, a resident of Ranchi in Bihar State was standing on the bus stand of C-2B, Route No.854 near a Pan shop in Janak Puri, New Delhi. He wanted to cross the road when the driver of a Standard- 20 Matador No.CHA-2832 hit him from the front side of the vehicle while driving it rashly, negligently, with a high speed and without blowing any horn. It was stopped at a distance of about 100 yards from the place of the accident and ultimately the driver sped away. As a result of this accident Som Nath Bhutani sustained injuries and died leaving behind the appellants except appellant No. 4 as his dependents. Appellant No. 4 who is a daughter of the deceased, was stated to have married and settled in life.