S.C. Mohapatra and N.L. Ganguly, JJ. - (1.) THESE are two appeals under Section 110D of Motor Vehicle Act, 1939, one by the claimants and the other by the owner. Since they arise out of the same accident and there is a common judgment, we heard both the appeals together and we dispose of the same in this judgment.
(2.) SHAHEED Latif Khan aged about 24 years and Km. Farrash Latif aged about 17 years were travelling in a bus bearing registration No. UTI 2316 belonging to the owner. When the bus was negotiating turning with high speed near Sherkot Octroi Post, it had collided with a truck coming from the opposite direction and on account of this accident, Latif and Farrash succumbed to the fatal injuries on 31.10.1978. in respect of the bus, there was an insurance and Farrash and Latif being passengers insurer paid Rs. 20.000 to their father. However, not being satisfied with this amount, application was filed by the parents, brothers and sisters for compensation claiming Rs. 6 lakhs. Owner of the bus claimed that he was not negligent in driving the vehicle and accordingly is not liable to pay any compensation. Claimants examined three witnesses and produced documents like assessment orders of Income Tax in support of their claim. Considering these materials, Tribunal has awarded Rs. 5,000 as compensation to the father and Rs. 39,200 as compensation to the mother. No compensation has been awarded to the brothers and sisters. This is grievance of both the claimants as well as the owner.
(3.) AS regards the brothers and sisters of the two deceased, there is no doubt that they are legal representatives of the deceased persons. However, not a word has been breathed in evidence about the loss sustained by them. Though legal representatives are entitled to compensation, in absence of materials in the present case, we are not able to award any compensation to them and affirm the award of the Tribunal in this respect.;