SAVITA MALHOTRA Vs. SHANTI MALHOTRA

JUDGEMENT

(1.) THE First Appeal From Order No. 140 of 1984 under Section 110D of Motor Vehicles Act, 1939 (for short the 'Act') has been filed for enhancement of compensation awarded by judgment and award dated 27.4.1984 passed by Motor Accident Claims Tribunal/II Additional District Judge, Lucknow (herein after referred to as the Tribunal) in Motor Accident Claim Petition No. 46 of 1982 (Savita Malhotra and others Vs. Marry Inter Continental Child Welfare Organization of India, Lucknow and others), whereby the claim petition under section 110A of the Act preferred by the claimants -Savita Malhotra (wife of deceased), Master Nitin Malhotra and Master Nanha Malhotra (sons of deceased) and Smt. Shanti Malhotra (mother of deceased) was allowed for compensation of Rs. 77,000/ - with pendente lite and future interest @ 6% per annum.

(2.) THE First Appeal from Order No. 150 of 1984 under section 110D of the Act has also been filed by the appellant -insurance company against the same judgment and award passed by Tribunal claiming therein its limited liability to the extent of Rs. 50,000/ -.

(3.) BRIEF facts for deciding these appeals are that claimants Savita Malhotra, her two sons namely Nitin Malhotra and Nanha Malhotra who were minor at the time of accident, filed aforesaid claim petition under Section 110A of the Act claiming compensation of Rs. 5,51,000/ - in respect of the death of her husband Jagdish Rai Malhotra in motor accident occurred on 02.04.1982 at 9.00 a.m. near RDSO Colony within the area of Police Station Krishna Nagar, District, Lucknow. According to the petitioners, Jagdish Rai Malhotra was aged about 35 years on the date of accident. He was working as Senior Research Assistant in RDSO, Lucknow, Northern Railway. He was diploma holder in Electronics. He was getting salary of Rs. 1304.92 per month as disclosed in his Last Pay Certificate filed from the side of the petitioners which discloses the bifurcation of the amount of salary. It contains pay Rs. 725.00 - + D.A. Rs. 195.00+ CCA Rs. 32.52 + Additional DA Rs. 351.60.