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1970 Supreme(P&H) 42

C.G.SURI
Shanti Devi – Appellant
Versus
General Manager, Punjab Roadways – Respondent


Judgment

1. Shri Bhim Sen Sharma, a School teacher, aged about 43 years, was going on a cycle when he was knocked down and killed by Punjab Roadways Bus No. PNE - 8388 at about 3-45 P.M. on 22nd of January 1962 on the Grand Trunk Road near village Padhana. His widow Smt. Shanti Devi filed a claim for compensation under Section 110-A of the Motor Vehicles Act, and the Motor Accidents Claims Tribunal, Punjab, has awarded her a sum of Rs. 3,000/- only as compensation. A sum of Rs. 8,520/- which was found payable to her four minor children from her wedlock with the decease, has been withheld from her on the ground that Smt. Shanti Devi had not joined her children as applicants. It may be mentioned here that the eldest of these minors was a girl aged about 10 years. Smt. Shanti Devi naturally feels aggrieved and has come up in appeal. According to her, the income of the deceased and the amount of compensation due to the dependants had been meagrely assessed and the learned Tribunal has added insult to injury by withholding the amount due to the minors. I am inclined to agree with her on both these points.

2. The finding of the learned Tribunal that the accent was due to the negligence of






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