PURSHOTTAM Vs. MANJU KUMARI

JUDGEMENT

(1.) THESE two appeals are connected as they are against the order dated 8th August, 1984 passed by the Motor Accident claims Tribunal, Kota in MACT Case No. 8 of 1983.

(2.) THE facts in the present two appeals, which are to be decided by one common judgment are not in dispute, so far as claim petition filing and its adjudication by the Tribunal is concerned. In short the claim petition was filed against Purshottam by Smt. Manju Kumari widow of Gajendra Singh, who died on account of accident and Baby daughter of Gajendra Singh. The accident happened on 2 -8 -1982 at about 2.00 P.M. when Gajendra Singh was going on motor cycle towards Gumanpura. The matador bearing RSO 4059 driven by Pursottam was coming from opposite side and caused accident resulted in death of Gajendra Singh. The claim petition was for Rs. 42,00,000/ - but the claim allowed is Rs. 65,000 to the wife Smt. Manju and daughter Baby and so far as in the other claim petition filed by Govind Singh and Chandresh Kumari father and mother of Gajendra Singh is concerned, the claim allowed is only of Rs. 10,800/ -.

(3.) THE arguments of Mr. Goyal is that interest at the rate of 12 per cent should have been allowed.