SHOBHA RANI Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE Motor Accidents Claims Tribunal, Jalandhar, on a claim petition filed by Shobha Rani and three minor children under Section 110-A of the Motor Vehicles Act held the claimants entitled to a sum of Rs. 3,84,000/ -. How-ever, after holding that it was a case of contributory negligence it awarded a sum of Rs. 1,92,000/ -. The Tribunal directed that in case the amount if not deposited within two months, the claimants shall be entitled to 12 per cent interest from the date of the application till realisation. Dissatisfied by the award of the Motor Accidents Claims Tribunal, claimants filed the present appeal.

(2.) IT was contended that no negligence could be attributed to the owner-driver of the Maruti car No. CHC 4947 and the accident was caused due to rash and negligent driv-ing by the driver of truck No. PNS 4248. Counsel for the appellants further contended that the interest on compensation should have been awarded from the date of application.

(3.) I have considered the submission of the learned Counsel for the appellants and perused the case file. In the case in hand, late Bhim Sen, a High Court employee, died in an accident on 31. 7. 1989 which is not disputed. The only question which has crop-ped up for consideration is the quantum of compensation.