(1.) The present appeal has been filed by appellants under section 110-D of the Motor Vehicles Act, 1939 (hereinafter called 'the Act') against the order dated August 22,1975 passed by the Motor Accidents Claims Tribunal, Delhi.
(2.) Chandro Devi, appellant No. 1 and appellant Nos. 2 to 6 are the unfortunate widow and children respectively of deceased Bhartu. The facts in brief are as under: Bhartu son of Shera was residing in village Teha,Tehsil Sonepat, Haryana along with his family. On the night of 7/8th July, 1968, Bhartu, now deceased, was coming in motor truck No. PNF 8204 driven by Jit Singh respondent, as owner of his goods consisting of vegetables from his village to Subzi Market, Delhi on G.T. Road. When the truck was near Mile Stone No. 14 on Grand Trunk Road, another truck bearing registration No. PNQ 2409, being driven by respondent Sucha Singh, was coming from Delhi and both the vehicles collided with each other and overturned resulting into injuries to deceased Bhartu and the other persons, who were also on truck No. PNF 8204. Immediately after the accident, Bhartu was taken to Irwin Hospital, Delhi and was admitted there. Later on he succumbed to injuries.
(3.) Bhartu had left behind the present appellants. At the time of death, Bhartu left six minor children, i.e., three daughters and three sons. During the pendency of proceedings appellant Nos. 2 to 6 attained the age of majority and elected to pursue the appeal. Truck No. PNF 8204 was owned by respondent Raj Pal and the other truck No. PNQ 2409 was owned by respondent Avtar Singh.