U.P. STATE ROAD TRANSPORT Vs. VIRYAM KAUR

JUDGEMENT

(1.) THIS appeal, Under Section 110-D of the Motor Vehicles Act, 1939, hereinafter referred to as the Act, filed by U.P. State Road Transport Corporation and Sardar Singh, is directed against the judgment and order dated 8-5-1978, passed by the IV Additional Motor Accident Claims Tribunal, Meerut, in Motor Accident Claim No. 428 of 1973, preferred by the respondent Under Section 110-A of the Act.

(2.) THE claim of the respondents arose out of an accident wherein one Harjendra Singh died on the spot as a result of collision of his scooter No. D.L.S. 4951 with U.P. Government Roadways bus No. U.T.D. 321 driven by Sardar Singh. The fatal accident took place at about "6.00 p.m. on 1-7-1973 in Modinagar town when the deceased was going from Meerut to Delhi. It was alleged that the accident took place on account of rash and negligent driving of the motor-bus. The age of the deceased was alleged to be 32 years and his monthly income was pleaded to be Rs. 5000/- per month. The deceased was a building contractor and an income tax assessee. In these circumstances the claimants, who were widow, three minor sons and parents of the deceased, claimed an amount of Rs. one lac by way of compensation.

(3.) THE Tribunal, after thoroughly investigating the respective claim of the parties, held that the claimant-respondents, being widow, sons and parents of the deceased Harjendra Singh, were his legal heirs and entitled to compensation. The plea with regard to the maintainability of the claim petition, it appears, was not pressed.