MADAN LAL Vs. JANARDAN

JUDGEMENT

(1.) The present appeal is directed against the award dated April 28, 1980 passed by shri R.C. Chopra, Judge, Motor Accident Claims Tribunal, Delhi.

(2.) The appellants had filed an application under Section l10-A of the Motor Vehicles Act, 1939 for grant of compensation in the sum of Rs. 50,000.00 on account of death of their mother Smt. Bharawan Bhai. The deceased, it is stated, was in the act of crossing the road on May 13, 1972 at about 8.45 p.m. at the crossing of safdarjung Hosptial, New Delhi, when truck bearing No. DLL-5861 came from the side of Vinay Nagar at a fast speed and without giving any horn knocked down the deceased. The driver of the truck could not control his truck at the relevant time and could not apply brakes as it was going at an excessive speed. It was further alleged that the said vehicle had come from Vinay Nagar side in spite of red fight and, therefore, the driver was rash and negligent. The deceased died at the spot as a result of the injuries. The driver of the truck, respondent No, 1, was in the employment of respondent No. 2 who was the owner. Respondent No. 3 was the insurer of the said truck and, therefore, they were all liable to pay compensation.

(3.) The appellants are the children of the deceased but appellants 4 to 7 were married before the accident and appellant No. 3 got married later on. The appellants claimed compensation on account of loss of service of the deceased and also for the loss of earnings of the deceased which she was having from doing tailoring work.