S.S. Sodhi, J. - (1.) RAVI Kapur, while proceeding towards Delhi on his scooter DLW -7556, on the Mathura -Delhi Road, met with an accident with a truck DLH -3487, coming from the opposite direction. He succumbed to his injuries, a short while thereafter and died. This accident occurred at about 4 p.m. on April 17, 1979. A claim for compensation arising from this accident was then preferred by his widow Neena Kapur and their two minor children Ashish Kapur and Manish Kapur.
(2.) RAVI Kapur also left behind his mother, Kamla Kapur and his step -father, Dwarka Nath Kapur. Ravi Kapur was about 7 years old when his mother had married Dwarka Nath Kapur. Kamla Kapur and Dwarka Nath Kapur did not join as claimants and they were consequently impleaded as Respondents to the claim application. During the proceedings before the Tribunal, however, they applied for being transposed as claimants, but this prayer was declined. It was the finding of the Tribunal that the accident took place due to the rash and negligent driving of the truck driver. A sum of Rs. 96,000/ - was awarded as compensation. Out of this amount Rs. 10,000/ - was awarded to Kamla Kapur, the mother of the deceased; while the balance of Rs. 86,000/ - was awarded to the three claimants in equal shares. The liability of the Respondent insurance company was held to be limited to Rs. 50,000/ -.
(3.) THIS order will dispose of the two appeals arising from this accident, one by the claimants Neena Kapur and her two minor children and the other by the driver and owner of the truck ; as also the cross -objections filed in both these appeals by Kamla Kapur and her husband Dwarka Nath Kapur. The claim in appeal of the Appellants -claimants, as also that of Kamla Kapur and Dwarka Nath Kapur in their cross -objections, being for enhanced compensation; while the driver and the owner of the truck sought to challenge, in their appeal, both the finding of the negligence as also amount awarded as compensation in this case.;