DHARAM SINGH Vs. PARVEEN SEHGAL

JUDGEMENT

(1.) This First appeal under Section 11O-D of the Motor Vehicles Act, 1939 (for short the Act) has been preferred by Delhi Transport Corporation and its driver against the award of the Motor Accident Claims Triunal (for short the Tribunal) dated 27 October 1980 holding them liable for payment of a compensation of Rs. 79.951.00 to the respondents/ claimants (termed Claimants hereafter).

(2.) The claimants have filed cross-objections, being C.M. No. 3571/81, wherein they have claimed compensation in the sum of Rs. 5 lakhs with interest at the rate of 18% per annum.

(3.) On 22 Jauary 1976,at about 7.15 P.M., Mr. C.P.Sehgal was retuming from office on his scooter via Patel Road when a bus bearing No. DLP 680, hit the scooter from behind near Cottage No. 22. As a result there of the scooter fell down and Mr. Sehgal came under left front wheel of the bus. Since the bus was at a high speed, the driver could not stop it even after knocking down Mr. Sehgal and drugged him upto a considerable distance. He sustained grievous injuries in consequence whereof he died in the hospital afterthree days. The bus, driven by appellant No. 1, belonged to Delhi Transport Corporation, appellant No. 2. herein. The deceased, an Accountant in the State Bank of India, was stated to be aged about 39 years at the time of his death. He left behind his widow aged about 30 years, two small children aged 8 and 5 years and mother aged about 60 years, the claimants.