Decided on January 28,1999

William Riberio Appellant
UNION OF INDIA Respondents


BHAWANI SINGH, J. - (1.) THROUGH this Letters Patent Appeal, claimants have assailed the decision of learned Single Judge dated April 28, 1995 passed in CIMA No: 84/94, whereby the appeal of the respondents against the award of Motor Accidents Claims Tribunal, Jammu dated February 8, 1994 has been modified by reducing the amount of compensation from Rs. 5.01 lac to Rs. 2.40 lac with interest @12% p.a from the date of filing of the application till payment. The cross appeal No. 102/94 preferred by the claimants urging for enhancing the multiplier to 15 from 9. has been dismissed.
(2.) BEFORE adverting to the question advanced before us, it is desirable to make a mention of material facts of the case.
(3.) THE claimant, Dr. William Riberio is the husband of the deceased while Master Mohd Fayaz Riberio is the minor son. It is submitted that the deceased was lecturer in Govt. M. A. M College, Jammu drawing Rs.3599 p. m. by way of salary. She died in an accident when the vehicle owned by the respondents and negligently driven by the driver, struck the vehicle in which she was travelling. This happened on June 18, 1991 at about 1.30 p. m. Compensation of Rs.10.00 lac has been claimed in this case. Respondents have taken the plea that the vehicle was not involved in this accident it was the deceased who was at fault. On the pleadings of the parties, following issues were framed: - 1) Whether accident involving death of the deceased was due to the negligent driving of the alleged offending vehicle by the 2nd respondent? OPP 2) In case issued No.1 is proved what is the dependency of the petitioners or to what amount of compensation is payable to them? OPP 3) Relief. ;

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