KUSUM LATA SHARMA Vs. KENETH J. FOREMAN

JUDGEMENT

(1.) THIS is an appeal for enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Delhi, on 4-8-1977. The Tribunal has held that there was contributory negligence on the part of the deceased and, therefore, made an award of Rs. 20,400/-. The accident took place of 3-2-1965 between vehicle No. DLT-3823 and DLO-8083. The accident took place on the intersection of Mansingh Road and Raj Path. The deceased D.N. Sharma received severe injuries and died immediately. From the statement of the respondent Mr. Keneth J. Forman it is clear that he did not understand the correct right of way when he was crossing the road. When he was put a specific question as to whether the traffic coming from right or left on an intersection has the right of way, he answered that the traffic coming from left has got the right of way whereas in India it is the traffic coming from the right has the right of way. Being foreigner he was used to drive on the keep right side basis. The Tribunal has failed to appreciate this fact of the evidence and held that it was the deceased Mr. D.N. Sharma who had contributed to the accident. To my mind this was an error committed by the Tribunal. I, therefore, hold that it was not a case of contributory negligence and the respondent was guilty of rash and negligent driving. The car was insured with the Insurance Company, Respondent No. 3 and, therefore, the liability for the payment of compensation is that of the Insurance Company. The deceased was 41 years old at the time of the accident. He was earning Rs. 300/- per month. He was working as an UDC in C.P.W.D. Considering these facts the trial court has correctly awarded compensation of Rs. 49,800/-. The claimants are entitled to the entire amount. They are also entitled to simple interest at 9% from the date of the petition till realisation of the amount. Rs. 20,400/- are already paid by the Insurance Company to the claimants. The balance of the amount shall be paid by the Insurance Company within two months from today. Of course, the claimants shall be entitled to the said interest on the amount of Rs. 40,800/- till Rs. 20,400/- were paid and thereafter on Rs. 20,400/- till the realisation.

(2.) THE appeal is allowed. No order as to costs.