K. C. Agarwal, S. M. A. Raza, JJ. - (1.) This is an appeal under section 110-D of the Motor Vehicles Act, 1939, filed against the judgment dated May 9, 1979, passed by the Motor Accidents Claims Tribunal, Allahabad.
(2.) Smt. Urmila -Pandey, widow of Ram Kishore Pandey, and her two minor children filed Claim Petition No. 21 of 1970 claiming a sum of Rs. 1,17,747-70 as compensation in respect of an accident, which occurred on March; 3, 1970, at about 5 p.m. The case was that the deceased Ram Kishore Pandey was coming on a cycle with a friend of his, when car No. UPC. 3527 struck him from behind and as a result of; which Ram Kishore Pandey received serious injuries and thereafter succumbed to them on the same day in the hospital. He died leaving behind the appellant No. 1, as his widow, and two children, arrayed as appellants Nos. 2 and 3. The deceased was working as a clerk in M. D. S. Chheoki, Naini, Allahabad.
(3.) In the claim petition four opposite parties were impleaded. They were (1) Khalil Ahmad, driver, (2) Purshottam alias Balwa son of Ram Kishan owner of the vehicle, (3) M/s. Chandra Financiers, Leader Road, Allahabad and (4) The New India Assurance Company Limited, Allahabad.;