- (1.) These two appeals, F.A.F.O. Nos. 268/1981 and 281/1982 are being decided by one judgment as these appeals pertain to compensation claimed under Motor Vehicles Act, 1939 in respect of the accident in which one Prem Chandra has died.
(2.) By virtue of the Appeal No. 268/1981 application of the clarmants was granted and they were awarded Rs. 57,600/- compensation jointly which was to be divided equally among them, each claimants is getting Rs. 14,400/-. There were four claimants in all. The Appeal No. 281/1982 is against an order whereby mathematical mistake is corrected in the judgment dated 1-12-1980 and the compensation has been raised to Rs. 81,600/-.
(3.) Before adverting to the Appeal No. 281 / 1982 which is against enhanced amount of compensation it would be advantageous to give brief resume of the facts. The deceased Prem Chandra who was 26 years' old is said to have met with an accident with Bus No. UTW 1802 owned by the appellants. It was alleged by the claimants that the deceased was running an Ice Candy Factory and was earning an amount of Rs. 800/-. On 1st August (sic) is said to have cause the death of the deceased by rash and negligent driving of the bus. Deceased was taken to the hospital by his uncle Sri Trilok Chandra, claimant No. 1 but the deceased succumbed to his injuries and died in the hospital. Post-mortem report was conducted and cause of death of the deceased was fatal injuries caused to the deceased by the driver of the bus. The claimant No. 2 Smt. Sunia Devi is a widow of the deceased and claimants Nos. 3 and 4 were two minor sons of the deceased at the time of his death.;