ANIL MALIK Vs. ADARSH KUMARI MALIK

JUDGEMENT

(1.) THE claimants appellants have filed this appeal against the award dated 10. 9. 1999 passed by Motor Accident Claims Tribunal and Special court Dacoity Affected Area, Dholpur in motor accident claim case no. 55/94.

(2.) LEARNED Tribunal awarded Rs. 56,000/- to the claimant appellant no. 3 Reema on account of the injuries suffered by her and Rs. 5,000/-each to the claimants appellants nos. 1 to 5 for loss of affection due to the death of one Ghanshyam Das in an accident on 20. 2. 1994. Out of this total amount of Rs. 81,000/- so awarded learned Tribunal deducted rs. 50,000/- of interim award on account of no fault liability due to the death of Ghanshyam Das and thereafter passed an award of Rs. 31,000/-in favour of the claimants appellants. Heard learned counsels for the parties.

(3.) LEARNED counsel for the claimants appellants submits that the amount of interim award on the ground of no fault liability cannot be deducted from the compensation amount which has been awarded to the claimant appellant no. 3 Reema on account of grievous and simple injuries suffered by her and to the claimants appellants nos. 1 to 5 for the loss of affection.