R. C. Lahoti, J. - (1.) On 18th August, 1964, in the evening, late Suresh Chander and his brother Ramesh Chander were going on a scooter from their office to their residence. The deceased was driving the scooter and his brother was riding his pillion. When they were passing against Sant Permanand Blind Relief Mission Building situated at 20, Alipur Road, a branch of the neem tree standing there suddenly broke down and fell on the head of the deceased. His head was crushed. He was rushed to Irvin Hospital where in spite of medical care and attendance, he died the next day at about 10 a.m. A piece of wood was found embedded into his brain for which a surgery had also to be performed on the deceased.
(2.) The deceased was survived by a widow, three minor sons and a minor daughter and his mother. All the six brought a suit for damages claiming Rs. 3 lacs. A learned single Judge sitting on the original side of the High Court held the Municipal Corporation of Delhi liable for damages in torts and granted a decree of Rs. 90,000/- by way of compensation payable to the widow and the children of the deceased. Two Letters Patent Appeals were preferred. The Municipal Corporation sought for the suit being dismissed while the claimants sought for enhancement in the amount of compensation. The Division Bench dismissed the appeal filed by the Corporation but at the same time partly allowed the appeal preferred by the claimants enhancing the amount of compensation to Rs. 1,44,000/- payable with interest calculated at the rate of 6 per cent. per annum from the date of suit, i.e., 5-8-1966 till 17-9-1970 when the amount was deposited by the Corporation in the Court for payment to the successful claimants. The Division Bench also allowed interest at the rate of 3 per cent. per annum on Rs. 90,000/- from the date of deposit in the Court till the date of actual withdrawal of the amount by the claimants and interest at the rate of 6 per cent. per annum on Rs. 54,000/- from 17-9-1970 till payment. The reasons for the award of additional interest calculated at the rate of 3 per cent. per annum on Rs. 90,000/- and the legality thereof we shall deal with separately.
(3.) Both the parties have preferred further appeals to this Court. However, after hearing the learned counsel for the parties, we have found only three contentions worth being dealt with and the same are noted and disposed of hereinafter.;