LILAWATI Vs. RUKHMANI DEVI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by Mr. V.S. Kulshrestha, the then Vth Additional District Judge, Moradabad on 11-2-78 in connection with Claim Compensation Application No. 12 of 1976. Mr. Kulshrestha was acting as Claims Tribunal under the Motor Vehicles Act.

(2.) A contest was putforth by the owner of the truck and the driver, but not by the Insurance Company. Issues were struck and it was found that the accident took place as a result of careless driving of truck No. USN-3059 owned by Smt. Rukmani Devi and driven by Sri Prem. It was further held that the deceased was earning a sum of Rs. 90/-per month. Applicants 1/1, 1/2 and 1/3 were not found entitled to any compensation but the other applicants were found entitled to a total amount of Rs. 9600/-. The petitioners Nos. 1/4, 1/5 and the petitioner No. 2 were found entitled to a sum of Rs. 9600/- with pendentelite and future interest at the rate of 6 percent per annum against the respondent No. 3 in view of the finding that the respondent No. 3 namely the Insurance Company was liable to pay upto a sum up to Rs. 50,000/-.

(3.) IN the result, the appeal is allowed in part. The claim is decreed for a sum of Rs. 24,000/- with pendentelite and future interest at the rate of 6 percent per annum to be calculated from 19-7-76 till the date of realization. The amount is decreed in favour of Smt. Ramtia alias Rampia, Km. Hansmuktii, Jilal and Pooran and against all the defendants namely opposite parties Smt. Rukmani Devi, Prem and Hindustan Insurance Company, Calcutta. Since no contest has been putforth in this appeal, parties shall bear their own costs throughout.