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1980 Supreme(Del) 157

B.N.KIRPAL, V.S.DESHPANDE
DEWAN HARI CHAND – Appellant
Versus
MUNICIPAL COMMITTEE OF DELHI – Respondent


Advocates Appeared:
ARVIND SHARMA, Inderjit Jaitely, NARINDER SINGH, RAJNIKANT JHA

Deshpande

( 1 ) THIS claim for compensation is by way of an application under section 110-A of the Motor Vehicles Act, 1939 (the Act), made by Dewan Hari Chand, who is the father of the deceased, Man Mohan, who was. 8 years when he was killed in an accident on 27th January, 1962. The death was due to the negligence of the driver of the D. T. U. bus No. DLP 720. The Motor Accidents Claims Tribunal acting under sections 110-A to 110-F of the said Act gave an award of Rs. 2,1501- as compensation payable to the father. In an appeal against the said decision under section 110-D by the father of the deceased, the compensation payable to the father was enhanced by the learned single Judge of this court to Rs. 11,250,. 00. Against that decision L. P. A. 124 of 1972 has been filed by Hari Chand, while cross-objections have been filed by the Delhi Transport Corporation.

( 2 ) DEWAN Hari Chand had joined his three sons as applicants, but the learned single Judge pointed out that the application could be made only by the legal representatives under section 110-A (l) (b) of the Act. Under the Hindu Succession Act, the father was in the first category in the second class of heirs while brothers w




















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