HEM CHAND Vs. RAM KISHORE

JUDGEMENT

(1.) THIS judgment will dispose of F. A. O. No. 68 of 1986 and Cross objection No. 67-CII of 1986. The claimants, aggrieved against the award of the Motor Accident Claims Tribunal (for short the Tribunal) have come up in appeal for enhancement of the compensation. The Insurance Company has filed the cross-objections for dismissing the appeal.

(2.) THE Facts :--Husband and the progenies of the deceased Ram Wati moved a claim petition under Section 110-A of the Motor Vehicles Act (for short the Act) on the ground that the deceased had gone to visit a neighbour in Kabligee Hospital Ghamroj at about 10-12 noon on September 28, 1981. She was waiting for a bus to return to Sohna when a half body truck bearing registration No HRU-995 suddenly swerved from the pacca road to the kacha portion and hit the deceased causing her instantaneous death; the truck was being driven at a very high speed and in a rash and negligent manner by Kamru respondent No. 2. The deceased was 35 years of age at the time of the accident and she used to carry out the entire management of the house and look after her minor children and other members of the family; she also assisted her husband in the business; her death resulted in a loss to the tune of Rs. 1600/- per mensem to the claimants.

(3.) RESPONDENT Nos. 1 to 2 controverted the allegations made in the petition and pleaded that the petition was time barred; that the amount claimed was excessive; that the truck was not being driven in a rash and negligent manner.