S.N.SHANKAR
JASPAL SINGH – Appellant
Versus
ZEB-UN-NISA BEGUM – Respondent
( 1 ) THIS order will dispose of F. A. O. 142-D of 1967 and 173 of 1967 both arising out of the award of the Motor Accident Claims Tribunal dated March 21, 1967.
( 2 ) ON September 6, 1967 at about 5. 40 A. M. Mohd. Idris son of Abdul Razaq while crossing Shyama Parshad Mukerjee Road in front of Fire Brigade Building met with an accident resulting in his death. The legal representatives of the deceased, namely, his mother, widow and two sons applied under section 110-A of the Motor Vehicles Act for the grant of Rs. 55,000. 00 on account of compensation to them as a result of the death of Mohd. Idris. Jaspal Singh, the driver of the scooter, Manohar Lal, owner of the scooter and Oriental Fire and General Insurance Co. , the insurer of the scooter were impleaded as respondents. The claim was contested. On the pleadings, the Tribunal framed the following issues :
(1) Whether Shri Mohd, Idris met with an accident with scooter No. DLR- 4742 on 6. 9. 1965 as alleged ? (2) Whether the accident, if proved, was due to rash and negligent driving on the part of respondent No. 2 ? (3) Whether the petitioners are legal representatives of the deceased ? (4) To what amount, if an
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