UNITED INDIA INSURANCE CO LTD Vs. HUSSAIN SAB

JUDGEMENT

(1.) THE petitioners in M. V. C. No. 139 of 1995 are the L. Rs. of deceased Babanbi and the petitioners in M. V. C. No. 142 of 1995 are the L. Rs. of the deceased Khasimbee who died in motor vehicle accident. The deceased were travelling in a lorry bearing No. CNR 3303. The occurrence of accident and negligence of the driver is not in dispute. The liability of the insurer is in dispute. Tribunal assessed the income of the deceased at Rs. 750 per month, applying multiplier of 17 awarded a compensation of Rs. 1,33,900 in M. V. C. No. 139 of 1995 and in m. V. C. No. 142 of 1995 compensation of Rs. 98,000 is awarded with interest at 6 per cent per annum from the date of petition till payment. Claims Tribunal directed that the compensation to be payable by the owner and the insurer of the lorry.

(2.) THE insurer has filed the appeals and the claimants have filed cross-objections seeking enhancement of the compensation. The petitioners contend that the deceased were getting back from place of work to home and on their way they were hit by the lorry in question. Therefore, contend that the owner and insurer are liable towards third party liability.

(3.) THE owner and the insurer have denied the accident and liability. The petitioners have produced the criminal case papers, viz. , F. I. R. , marked as Exh. P1. The contents of Exh. P1 disclose that the deceased were travelling in the goods vehicle as passengers. Tribunal has held that the deceased were pedestrians. Accordingly, directed compensation payable by the owner and insurer.