DELHI TRANSPORT CORPORATION Vs. BEANT KAUR

JUDGEMENT

(1.) The appellant has come up in appeal u/s 110-D of the Motor Vehicle Act, 1939 (the 'Act'), against the award of the Motor Accidents Claims Tribunal, Delhi, asking for the dismissal of the application for grant of compensation. The respondent has also filed cross objections (CM 1304/84) praying for enhancement of compensation.

(2.) On 20.3.70 at about 8.30 AM Swaran Singh (deceased) was crossing Najafgarh Road and when he reached near stationery Bus No. DLP-1239, another Bus No. DLP-614 overtook this stationery Bus No. DLP-1239. Bus No. 614 was being driven by Gugan Ram. According to the respondents because of rash and negligent driving of Gugan Ram the bus driven by him struck into Bus No. DLP-1239 and in the process Swaran Singh was sandwitched between the two buses. Swaran Singh died on the spot. Both the buses are owned by the appellant.

(3.) The widow, four children and the mother of the deceased filed an application u/s 110-A of the Act for award of a sum of Rs. 1 lakh as compensation. After due appreciation of the evidence the Tribunal held that Shri Swaran Singh sustained fatal injuries due to rash and negligent driving of Gugan Ram of Bus No. DLP-614 and that the accident was not caused due to the negligence of the deceased. The Tribunal awarded a sum of Rs. 16,340.00 as compensation to the respondents.