CHANDRA PRABHA Vs. RAJ KUMAR

JUDGEMENT

(1.) A claim petition under Section 110-A of the Motor Vehicles Act, 1939 having been dismissed, the claimants have filed this appeal.

(2.) The facts which are either admitted or which are not seriously disputed may be stated first with a view to have an exposure of the facts necessary for explaining the setting of the contentions between the parties.

(3.) Hukum Chand, the deceased victim of the accident, was 34 years of age and was a teacher in the Harcourt Higher Secondary School, New Delhi, drawing a monthly salary of Rs. 578/- at the relevant time. The claimants are his widow, two minor sons and a minor daughter, it is now undisputed that Hukum Chand died in a motor accident while he, along with his family, was waiting for a bus in front of Gurukul Sarvodaya Inter College, Panchli Khurd on Meerut-Baghpat Road, about 15 km. west of Meerut. The fact that Vishnu Dutt was the husband of the sister of victim's wife is not under challenge and he was Principal of the Sarvodaya College aforesaid at that time.