CHANDRA DEVI Vs. DIWAN SINGH

JUDGEMENT

(1.) THIS appeal, preferred under Sec tion 110-D of the Motor Vehicles Act, 1939, is directed against the judgment and award dated 29-07-1983, passed by M. A. C. T. /district Judge, Pithoragarh in M. A. C. Case No. "14 of 1981, whereby a sum of Rs. 23, 466/-has been awarded with interest at the rate of 6% per annum thereon as com pensation to the claimants/appellants.

(2.) BRIEF facts of the case, are that a claim petition under Section 110-A of the Motor Vehicles Act, 1939 was moved by the claimants Chandra Devi, Saraswati Devi and Lal Singh, before the M. A. C. T. /district Judge, Pithoragarh. As per the contempt petition on 05-11-1980, Kedar Singh Negi (deceased) boarded the passenger bus registration No. U. P. D. /188 at Tanakpur on his way to Pithoragarh. At about 11:30 A. M. a truck registration No. U. T. F. /4293, owned by respond ent No. 4 was coming from the oppo site direction towards Tanakpur. It ap pears that when the aforesaid bus and the truck were crossing each other an accident took place. It is alleged that due to rash and negligent driving on the part of the driver of aforesaid truck, Kedar Singh Negi got head injuries and he succumbed to his injuries. It is further alleged that the deceased was 24 years of age at the time of accident and was employed in Hindustan Petroleum Corporation Ltd. in Bombay. His earn ing at the time of death was Rs. 1057. 54 per month. Claimant Smt. Chandra Devi is widow of the deceased and claimants Saraswati Devi and Lai Singh are the parents of the deceased. It was further alleged in the claim petition that deceased used to contribute Rs. 700/- per month to the claimants. With these allegations an amount of Rs. 2, 31, 100/- was claimed as compensa tion by the claimants/appellants.

(3.) WHAT amount was the deceased contributing towards the mainte nance of the applicants I claim ants every month?