KALAWATI Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) The only grievance of the appellant Kalawatin this appeal is that she was not allowed compensation as was required by law and justice. The Motor Accident Claims Tribunal found that Kalawati, the mother of the deceased, was the only person who was dependent upon the deceased and assessed compensation to the tune of Rs. 14,400 with costs of the petition. The respondents were granted two months time to make the payment, failing which the petitioner appellant herein was made entitled to recover interest at the rate of 6 per cent per annum on the awarded amount from the date of award till the date of realisation.

(2.) As far as facts are concerned, suffice is to say that the claim arose as a result of an accident on 5th of May 1975 at about 1.20 p.m. when the deceased was riding a bicvcle and got involved into a motor accident with bus No. DLP 1596 as a result of rash and negligent driving of the driver. The bus belonged to D.T.C. The deceased was crushed to death on the spot.

(3.) The appellant and one of her son had claimed that on the date of incident the deceased was aged about 18 years and being a motor mechanic his average monthly income was about Rs. 500. They claim to be the dependents of the deceased. All the averments raised in the claim petition were controverted by the respondents and it was stated that the accident did not occur due to any fault of the respondents.