DELHI TRANSPORT CORPORATION Vs. NEELAM DESHWAR

JUDGEMENT

(1.) THE appellant d. T. C. feeling aggrieved with the award dated 2. 1. 2004 passed by Motor Accidents claims Tribunal has preferred the present appeals, viz. , M. A. C. Appeal Nos. 277, 279 and 283 of 2004. Since the appeals arise out of the common award, therefore, the same are being disposed of by this common order.

(2.) THE facts of the case in a nutshell are as follows: on 13. 11. 1999 at about 11. 45 a. m. , suresh Kumar Deshwar along with his wife, Neelam Deshwar, their daughters pooja and Somya and his uncle, Jiya Lal were going in a Maruti car bearing registration No. UP 16-6468, which was being driven by Suresh Kumar Deshwar at a slow speed and on the correct side of the road from Delhi to Muzaffarnagar. When the aforesaid car reached at Partapur bypass opposite Gandhi Hotel, a D. T. C. bus bearing registration No. DL 1p-A 2398 came from the opposite direction driven in a rash and negligent manner by its driver hit the car of the deceased, head-on, causing fatal injuries to Suresh Kumar Deshwar, jiya Lal and Pooja, who died on the spot and caused grievous injuries to Neelam deshwar, whereas Somya sustained minor injuries. Somya claimed no compensation for her minor injuries. Four claim petitions were filed by the claimants before Motor accidents Claims Tribunal and all the four petitions, viz. , Claim Petition Nos. 782, 783, 784 and 785 of 2003 were disposed of by the learned Tribunal vide common award dated 2. 1. 2004. M. A. C. Appeal No. 277 of 2004:

(3.) THIS appeal relates to Claim Petition no. 784 of 2003 filed by Neelam Deshwar and Somya seeking compensation on account of the death of Pooja.