HARBANS LAL Vs. SAROJ KHANNA

JUDGEMENT

(1.) This appeal has been filed by the insurance company respondent No. 3 against the award of the Motor Accidents Claims Tribunal dated 3.6.1975. The Tribunal has awarded a sum of Rs. 31,460.00 as compensation. The claimants have filed the cross- objections claiming Rs. 1,50,000.00- as compensation.

(2.) The accident took place on 21.7.71 at about 4.00 p.m. on Curzon Road near Scindia House, Connaught Place, New Delhi. Devendra Kumar Khanna was going on his cycle along Curzon Road from the side of Baroda House towards Connaught Place, New Delhi. Bus No. DLP 4817 under DTC operation came with a great speed from behind and knocked down the cyclist. He was taken to Wellington Hospital where he succumbed to his injuries on 27.7.71. Dr. Bharat Singh Public Witness 5 who conducted the post mortem of the deceased found the following injuries on his person:

(3.) After the accident the FIR was lodged which is exhibit Public Witness 2/1, a site plan was prepared by the police which is exhibit Public Witness 1/1 and the photographs of the accident (exhibit Public Witness 6/1 and exhibit Public Witness 6/2) were taken. A report of the mechanical inspection of the vehicle was also produced. In the criminal case filed against the driver of the bus Harbans Lal, he was convicted under section 304-A Indian Penal Code. read with section 279 Indian Penal Code.