BEERWATI ALIAS BEERMATI Vs. HUKAM CHAND

JUDGEMENT

(1.) These two Cross-Appeals (FAO No. 394/1999 and FAO No. 494/1999) arise out of a judgment dated 21.05.1999 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby the Insurer's plea of limited liability to the extent of Rs. 50,000/- was rejected while awarding a compensation of Rs. 2,07,000/-.

(2.) For the sake of convenience, the Appellants in FAO No. 394/1999 (who are the legal representatives of deceased Mohinder Singh) shall be referred to as the Claimants and Oriental Insurance Company Ltd. (who is the Appellant in the Cross-Appeal FAO No. 494/1999) shall be referred to as the Insurer.

(3.) A Claim Petition under Section 110A of the Motor Vehicles Act, 1939 (the Act) was preferred by the Claimants alleging that on 14.06.1980 the deceased Mohinder Singh was driving his car No. 7497 from Mehrauli to his house in Nangal Devat. At about 8:30 pm, a bus No. DEP 2322 being driven in a rash and negligent manner by its driver Hukam Chand came from the opposite direction and hit the car with a great force due to which the car was dragged to some distance. Mohinder Singh suffered injuries which proved fatal. It was claimed that the deceased was engaged in agriculture. He owned 10 Killas of land and was earning Rs. 2,000/- per month. The deceased was survived by a widow, five minor children and aged parents.