HUKAM CHAND Vs. SHAHZADI BEGUM

JUDGEMENT

(1.) THE appellants are aggrieved of an award dated 11th of December 1979 passed by the Motor Accident claims Tribunal Delhi, by which the respondents were granted a sum of Rs. 6000/-with costs and interest at the rate of 6% per annum from the date of the filing of the petition till the final realisation.

(2.) THIS award was passed pursuant to a claim made under Section 110 of the Motor Vehicles Act by which compensation to the tune of Rs. 30,000/- was claimed by the respondents on account of the death of one Shahnaz Begum alias Rani aged about 8 years The respondents are the mother and father respectively of the deceased who died in an accident on 22nd of December 1971 at about 12 45 P.M. when the deceased was being carried on the carrier of the cycle by her father respondent No. 2 while the father was walking on foot. The accident was caused by vehicle bearing No. DLL 2774 belonging to M.C D., which was being driven by Shri Hukam Chand at the time of the incident. The allegation was that the accident was caused due to rash and negligent driving by the driver and M.C.D. as owner of the vehicle was vicariously liable for the tortuous act of its driver Hukam Chand.

(3.) ON an assessment of evidence the trial court came to the conclusion that the respondents herein are the legal representatives of the deceased. On the basis of the assessment of evidence, I find nothing wrong about the finding that the respondents herein are the legal representatives of the deceased Shahnaz Begum alias Rani.