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1992 Supreme(Del) 43

SANTOSH DUGGAL
D. D. UPADHAYAYA – Appellant
Versus
UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION – Respondent


Advocates Appeared:
I.S.MATHUR, S.C.Gambhir

Santosh Duggal, J.

( 1 ) THIS appeal, filed by the claimants against the award given on 6th April, 1979 by the Motor Accident Claims Tribunal, Delhi (for short the MACT), raises questions as to the adequacy of the compensation awarded, and also the counts on which compenstion should be determined, in cases of death by accident caused by motor vehicles.

( 2 ) THERE is no controvery on facts, inasmuch as it is not denied that death of Smt. Kailashwati wife of appellant No. l, D. D. Upadhayay, then Sqn. Leader, posted in Delhi, occurred as result of an accident that took place on 25th October, 1970 when the deceased while sitting on the pillion seat of the scooter driven by her husband, was struck down by the bus belonging to respondent No. 1, (U. P. Government Roadways), being bus No. UST 4656. The MACT returned a finding that this accident was result of rash and negligent driving on the part of the driver of the bus, impleaded as respondent No. 2, who unmindful of the traffic before him struck against the scooter which the appellant No. I was driving and due to the impact, the deceased fell down on the road and was run over by the left rear wheel of the Bus, resulting in multiple in






























































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