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2003 Supreme(Del) 109

S.N.KAPUR
PRABODH CHAND TYAGI – Appellant
Versus
DELHI TRANSPORT CORPORATION – Respondent


Advocates Appeared:
Barun Roy Choudhury, R.K.Bali

S. N. Kapoor

( 1 ) THE parents of the deceased boy, aged 13 years have filed a claim petition. The learned Trial Court awarded a sum of Rs. 50,000/- for the death of her son, aged 13 years.

( 2 ) FEELING aggrieved the parents have filed this appeal.

( 3 ) FIRST the facts in brief: The deceased Prashant Tyagi @ Vickky was going from village Hastsal to Mohan Nagar on 7. 7. 94 along with his sister, Preeti in a maruti Car bearing No. DL-5c-5877. The deceased was sitting on the front seat whereas Preeti was sitting on the back seat. The car was being driven by Ajay Tyagi. A truck bearing registration No. UP-80-9651 was going ahead the Maruti car. When the car was moving in front of Radhu Cinema at about 8. 20 p. m. the truck driver stopped his truck. Ajay Tyagi also stopped his car. But the DTC bus bearing DLP 220 moving behind the car and driven by one, Madanlal, respondent No. 2 did not stop the bus in time and hit the Maruti car from behind with a great force. The Maruti car was crushed between the truck and the offending DTC bus. The deceased, prashant Tyagi sustained grievous injuries. Ajay Tyagi and Preeti sustained injuries. Prashant Tyagi was taken to G. T. B. Hospital but he co























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