SHEO KUMAR SAHRMA Vs. SURENDRA KAUR

JUDGEMENT

(1.) BY the Court -This appeal under section 110-D of the Motor Vehicles Act has been preferred against the award dated 4th December, 1978 of the Claims Tribunal/Additional District Judge, Saharanpur whereby the claim of Smt. Surendra Kaur, respondent no. 1 was decreed against the appellant for recovery of compensation in the sum of Rs. 86,760/- out of which a sum of Rs. 50,000/-was to be paid by Oriental General and Fire Insurance Company, respondent no. 2.

(2.) THE facts in a nutshell necessary for the disposal of this appeal are that on 16th November, 1974 Mohinder Singh Chawla, husband of respondent no. 1, was travelling in his car from Roorkee to Hardwar. At about 7.15 P. M. the said car met with an accident with bus no. RJY 6051 belonging to M/s. Hanuman Prasad Sheo Kumar which was coming from the opposite direction resulting in the instantaneous death of Mohinder Singh Chawla.

(3.) IN Union of INdia v. Gorakh Mohan Das, AIR 1964 All. p. 477 a question arose as to whether notice under section 80 CPC was necessary before filing an application under section 8 of the Arbitration Act. It was held by a Division Bench of this Court that proceedings upon an application under section 8 of the Arbitration Act are not proceedings in a suit.