M M JAIN Vs. FEQUIR CHAND

JUDGEMENT

(1.) During the pendency of this appeal on 30.6.1987, appellant No. 1, Prof. M.M. Jain, has died. This application has been moved for bringing the L.Rs. of the deceased appellant on record. There is no objection in this regard from the other side. The application is allowed. The cause title stands amended accordingly. F.A-O. No. 120 of 1974

(2.) This appeal for enhancement of compensation is filed by father and mother of deceased Nandini Jain who died in an accident on 9.9.1966. The deceased was travelling in a four-seater auto-rickshaw bearing No. DLR 136 which collided with motor cycle No. DLW 3877. The motor cycle No. DLW 3877 was going from Darya Ganj towards Chandni Chowk, while the fourseater was coming from the opposite direction. As a result of the accident Nandini Jain suffered injuries and succumbed to the injuries. The Tribunal held that the accident was caused due to the negligence of drivers of both the vehicles. The Tribunal awarded the compensation of Rs. 26,520.00 against the respondents jointly and severally. The liability of respondent No. 3, the insurance company with whom the four-seater was insured, was limited to Rs. 4,000.00 only under the provisions of section 95 (2) (b) of the Motor Vehicles Act.

(3.) The insurance company, respondent No. 5, with whom the motor cycle was insured has filed the cross-objections. In the cross- objections it was submitted that the Tribunal erred in not apportioning the blame of the four-seater and the motor cycle and failed to distribute the liability for compensation of the two vehicles. Northern India General Insurance Company has not filed any cross appeal. The owner of the motor cycle had filed a claim petition against the owner of the four-seater but that claim petition was dismissed by the Tribunal. No appeal is preferred by the owner of the motor cycle against the said award.