Hon’ble Ashok Kumar, J.—The present appeal has been filed against the judgment and award dated 23.2.1982 passed by M.AC.T./IV Additional District Judge, Agra in M.A.C. No. 50 of 1971 (Smt. Rama Bharadwaj and four others v. Raja Ram and another).

2. This appeal has been filed under the provisions of Section 110-A of the Motor Vehicles Act, 1939, by which the claimants have claimed an award of Rs. 2,00,000/-.

3. The Brief facts of the case are that an accident took place on 8.2.1971 at about 5.30 p.m. when the deceased one Suresh Chandra Bharadwaj was coming on a Scooter bearing No. U.P.U-2974 from Tundla to Agra. An Ambassador Car bearing No. U.P.U-8985 belongs to one Raja Ram, the opposite party No. 1 in the claim petition, was going to Sikandrabad from Agra. It is submitted that when the deceased reached near ‘Budhiya Ka Talab’, within the circle of Police Station, Estamadpur, District Agra, at a distance of about 1 km. from the police station, Estamadpur, the Scooter of the deceased collided with the aforesaid Ambessdor Car. On account of the said accident the scooter rider namely, Suresh Chandra Bharadwaj had received severe injuries and ultimately he died.

4. The claimants in their claim petition pleaded that the accident took place due to utter negligence, rash and speedy driving of the Ambassador Car and on account of the said speedy driving by the driver of the Ambassador Car the scooter on which the deceased was going has met an accident.

5. It is further submitted by the claimants that the driver of the car was driving the car not only at a high speed but he was on wrong side and had violated the traffic rules. It is submitted that as a result of the said accident the deceased sustained number of injuries and thereafter he died.

6. It is pertinent to mention here that the car of the opposite party No. 1, Raja Ram (before the Claim Tribunal) was insured with M/s. Kanara Motor and General Insurance Company Ltd., opposite party No. 2 in the claim petition.

7. The claim petition has been filed by Smt. Rama Bharadwaj, W/o deceased Suresh Chandra Bharadwaj and three minor daughters namely Renu, Archana and Anupama. In the said claim petition the claimant No. 4 is one Manoj Kumar, who is the minor son of the deceased Suresh Chandra Bharadwaj.

8. In the claim petition it has been alleged that the deceased Suresh Chandra Bharadwaj, R/o Freeganj Road, Agra was carrying on the business of brick-klin and was the partner of the business concerned known as Ravi Industrial Corporation, and Bonds Transporters.

9. It is further claimed by the claimants that since the claimants were fully dependents upon the deceased and as a result of demise of the deceased, the claimants have sustained huge loss.

10. It is submitted that the deceased Suresh Chandra Bharadwaj was a young man having good physique and personality. He was a member of Lions Club, Secretary of District Table Tannis Association and Joint Secretary of District Basket Ball Association. The deceased was also a member of Executive Committee of U.P. Sports Control Board and U.P. Olympic Association. It is claimed by the claimants that being a young businessman and involved in several business the deceased was earning a sum of Rs. 1000/- per month. The claimants have filed the claim petition by which they claimed a sum of Rs. 2,00,000/- as compensation as per their petition dated 5.8.1971.

11. The opposite party No. 1, the owner of the vehicle, one Rajaram has filed a written statement on 10.1.1972. In the written statement he has stated that the accident took place as a result of rash and negligent driving of the Scooter driver, the deceased. He has further pleaded that the deceased himself was driving the Scooter at a very high speed. The opposite party No. 1 has submitted in his written statement that the deceased was pleaded to be under the influence of liquor and therefore, he himself was responsible for the accident in question and, therefore, he has prayed that the