SARBATI DEVI Vs. V B ANAND

JUDGEMENT

(1.) This appeal is directed against award dated February 3, 1984 of Additional Motor Accident Claims Tribunal, Chandigarh whereby a sum of Rs. 50,400/- was allowed to the appellant a compensation on account of death of a Babu Lal which occurred in motor vehicle accident. On behalf of respondents, cross-objections were filed for setting aside the award to the Tribunal which are also being disposed of.

(2.) Baby Lal was coming on a cycle on November 22, 1980 at about 8.30 P.M. from Manimajra to Chandigarh. When he reached near Durga Nursery Car No. CH 2078 driven by Smt. V.B. Anand rashly and negligently in a haphazard manner hit him. He was badly injured. He died. His widow Sarbati Devi, his mother Ram Piari and his son vijay Kumar filed an application claiming compensation to the tune of Rs. 1,59,728/- Babu Lal was working as a Chowkidar in the Printing and Stationery Department, Haryana, Sector 18, Chandigarh. He was aged about 46 years and his monthly income was Rs. 546.70P. He was going on duty at the relevant time. The different injuries suffered by him were mentioned in the claim application. The car was insured with National Insurance Company which was also impleaded as party. Car belonged to Mr. V.B Anand. The claim was contested by Mrs. V.B. Anand and Mr. V.B. Anand whereas the Insurance Company filed a separate written statement. The accident involving Car No. CH 2078 was denied. According to respondents' version, the car was driven by Mrs. Anand. On seeing the crowd, the car was stopped and the injured was taken to the hospital. Liability of the respondent for the compensation was disputed. In the replications, claimants controverted these allegations. The Tribunal framed the following issues :-

(3.) Issue No. 1 was decided in favour of the claimants holding that Babu Lal died on account of the injuries suffered in the accident which was caused due to rash and negligent driving of the car by Mrs. Anand. Under issue No. 2, the claimants were allowed in all compensation of Rs. 50,400/- with 6 per cent per annum interest from the date of claim application till realisation. In appeal, counsel for the appellants has contested the finding of the Tribunal on issue No. 2 that the Tribunal ought to have applied sixteen as the multiple and not fourteen whereas counsel for the respondents has called the finding of the Tribunal on issue No. 1. The appellants have also claimed 12 per cent per annum interest on the amount to be awarded.