KAMLA DEVI Vs. BANTI ARORA

JUDGEMENT

(1.) This Appeal under Section 173 of the Motor Vehicles Act (hereinafter referred to as the 'Act') is directed against the judgment/award dated 17.4.2004 passed by Motor Accidents Claims Tribunal (MACT), Shahdara, Delhi, granting compensation of Rs. 1,24,976/- with interest @ 12% per annum not from the date of filing of the petition i.e. from 6.12.91 but w.e.f. 9.11.2001 to 17.4.2004

(2.) I have heard Mr. J.M. Gupta, learned counsel for the appellants (petitioners in the tribunal, hereinafter referred to as petitioner No.1 and 2), and Ms. Sonia Sharma, learned counsel for respondent No.3 (Insurance Company), and have gone through the record.

(3.) Briefly, the facts are that late Bhagwan Din, aged 27-28 years was traveling in a cycle rickshaw along with four persons on 10.6.1991, when a Maruti Van driven by respondent No.1 and owned by respondent No.2 hit the rickshaw, injuring all the 5 persons including the riksha puller. Bhagwan Din expired. He was (allegedly) earning Rs. 80/- per day as a labourer engaged in loading and unloading coal from a truck. He was said to be the sole bread earner of the family. It is stated that the appellants (widow and minor daughter) suffered loss of dependency @ Rs.2000/- per month. A claim of Rs.9,70,500/- was raised along with interest thereon.