DWARKA PRASAD JHUNJHUNWALA Vs. SUSHILA DEVI

JUDGEMENT

(1.) This is an appeal under Section 110-D of the Motor Vehicles Act by the owners of a private Ambassador Car No. WBF 7613, against the judgment and order of the District Judge, Bhagalpur, awarding a sum of Rs. 20,000/- as compensation to the respondents for the accident which took place on 20-6-1970 at about 4 p. m. by their car on Anand Chikitsalaya Road in the town of Bhagalpur in front of the house of one Mahabir Prasad.

(2.) With respect to the facts, there was a small controversy between the parties. Whereas according to the case of the claimants, the accident took place while appellant No. 2 was driving the car, according to the defence case the car was standing in front of the house of the appellants and the driver was cleaning it. The driver, however, went to take tea leaving the key in the car by mistake and in the meantime some unknown boy of the locality started the car which caused severe injuries to Ramratan Singh (38 years) who succumbed to his injuries on way to the hospital.

(3.) In the application for compensation filed by the widow of the deceased and his minor children a sum of Rs. 40,000/- was claimed as compensation.