SHEELAWATI Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) BOTH these F. A. F. Os. arise out of the same award given by the Motor Accident Claims Tribunal and are being disposed of by a common order.

(2.) SRI Rajeshwar Prasad Tyagi was employed as Sub-Station Attendant in the Hydel Department Ghaziabad, U. P. At about 4.00 P.M. on 28-10-77, while he was going to attend to his duties, he met with an accident by Bus no. DHP 2470 driven by SRI Prakash respondent no. 2 owned by Delhi Transport Corporation and died on the spot Smt. Sheelawati is the widow and petitioners no. 2 to 5 are the minor daughters and sons of the deceased. They have preferred the claim.

(3.) IN F. A. F. O. No. 578/1980 preferred by the claimants, it has been contended that Smt. Sheelawati Devi, widow was deprived of the company of her husband and as such the amount by way of loss of consortium should have been granted Rs. 50,000/- has been claimed in the petition towards the same. The other contention was that the interest should have been awarded from the date of the petition and not from the date of judgment. The Delhi Transport Corporation (hereinafter referred as the Corporation) has challenged the award mainly on three grounds namely : firstly that the amount of insurance, gratuity, provident funds etc. should have been considered and the compensation amount' should have been accordingly reduced, secondly that the claimants would have spent half of the INcome on himself and as such the deducation of 1 /6th income only on that account is wrong and thirdly that atleast 1/3rd deduction should have made on account of lump-sum payment.