KANTA KUMARI Vs. LAKHI RAM

JUDGEMENT

(1.) The present appeal is directed against the award dated September 30, 1981, passed by Shri H.P.Bagchi, Judge, Motor Accidents Claims Tribunal, Delhi.

(2.) The appellants-claimants filed petition under Section 110-A of the Motor Vehicles Act, 1939 arising out of the accident that occurred on December 26,1978 at about 6 p.m. on road going from Hindu Rao Hospital towards Chauburja under the jurisdiction of P.S. Civil Lines, Delhi. The deceased Charan Dass was driving motor cycle No. DLM 7090 along with Manjit Singh Sethi who was sitting on the pillion seat. They were going from Hindu Rao Hospital towards Mall Road and when they were on the left side towards North i.e. Chauburja and had gone about 100 yds from the out-gate of the hospital, truck No. DHG-1121 driven by respondent No. I in due course of his employment with respondents 2 and 3, came from the opposite direction and hit the motor cycle with great force after coming on the wrong side. It was further alleged that the front bumper of the truck hit the motor cycle and the front right head light of the truck was not thereon at the time of accident; the accident was caused due to negligent of respondent No. 1. The deceased was removed to Hindu Rao Hospital immediately where he was declared dead. The deceased was working as Dresser in the said hospital and was getting about Rs. 500.00 per month which he was making available to the appellants. It was also stated that he was earning a further sum of Rs. 200.00 by doing sundry medical jobs for various persons. The appellants, as a consequence, suffered an irreparable loss and extreme mental pain and agony due to sudden and untimely demise of Charan Dass who was the bread earner of the family. The claim for compensation in the sum of Rs. 2 lakhs with costs and interest was filed before the Tribunal.

(3.) The respondents denied the allegations made by the appellants in the written statement though the factum of accident was admitted. It was also admitted that the offending vehicle was driven by respondent No. I at the relevant time and it was owned by respondents 2 and 3.