VIRENDRA SINGH Vs. PHOOLMATI

JUDGEMENT

(1.) THIS first Appeal from order, by Virendra Singh, is directed against an award dated 24th August, 1973 made by the Claims Tribunal, Etawah, established under the Motor Vehicles Act. By means of the impugned order, the Claims Tribunal directed the appellant to pay a sum of Rs. 6000/- to respondent Phulmati as compensation for loss of her huaband Mata Deen's life. There is also before us a cross-objection by Smt. Phulmati who claims that the amount of compensation awarded to her should have been Rs. 75,000/- instead of Rs. 6,000/-.

(2.) ON 15th of February, 1970 a cycle driven by one Prakash and Motor Cycle No. USG 3784 driven by the appellant Virendra Singh were involved in an incident. As a result of the accident, Mata Deen father of Rakesh and husband of Smt. Phulmati who was sitting on the carrier of the cycle driven by Rakesh, received serious injuries to which he succumbed on 17th of February, 1970. Smt. Phulmati filed the claim giving rise to this appeal alleging that the accident took place on account of rash and negligent driving of the motor cycle by Virendra Singh and as such, he was liable to pay compensation amounting to Rs. 75.000/- to her, her minor son Krishna Prem, aged about 16 years and her minor daughter Km. Prakashwati, aged about 13 years.

(3.) THE Claims Tribunal accepted the evidence produced on behalf of the claimant and rejected that produced by the appellant and held that incident in question was the result of rash and negligent driving of the motor-cycle by appellant Virendra Singh and made him liable for compensation amounting to Rs. 6.000/-.