SHRIMATI SHARDA DEVI Vs. BAHADUR SINGH

JUDGEMENT

(1.) THIS Judgment shall dispose of letter patent Appeal No. 742 of 1984, filed on behalf of the claimants-Shrimati Sharda Devi-mother, Shri Shamsher Singh Brother, and Miss Indu Rani daughter (Minor) sister, of the deceased, respectively as well as Cross-Objections No. 6 of 1984 filed by New India Assurance Co. , Ltd. respondent No. 2, against the Judgment of the learned Single Judge in F. A. O. No. 344 of 1978 dated 23rd March, 1984, by which the learned Single Judge had awarded Rs. 15,000/-to the claimant along with interest at the rate of 12 per cent per annum from the date of the application. The claimants have claimed in the appeal that the compensation should be enhanced, whereas in the Cross-Objection the objector has prayed for the dismissal of the First Appeal from Order.

(2.) BRIEFLY, the facts giving rise to this appeal are that on 2nd January, 1975 at about 11 PM. there was a head on collusion between a car and a scooter, resulting in the death of Sangram Singh and injuries to Amarjit Singh Mankoo who ware both on the scooter. This accident occurred on the road entering into Sector 6 from the side of Sector 17 just short of the crossing near House No. 5 (sic)0 in Sector 16, Chandigarh.

(3.) THE above said claimants claimed compensation on account of the death of Sangram Singh before the Motor Accident Claims Tribunal. The tribunal came to a finding that the accident had been caused by the rash and negligent driving of both the car and the scooter involved in the accident, and, consequently, the deceased Sangram Singh who was driving the scooter was equally liable for the accident and the claimants were not entitled to any compensation. It may be mentioned that in a separate claim petition filed by Amarjit Singh Mankoo, the injured, Rs. 5,000/- were awarded to him as a compensation for the injuries suffered by him in the accident.