SUMAN VARMANI Vs. BALAK RAM

JUDGEMENT

(1.) JUDGMENT , J.

(2.) THIS is the claimants' appeal for enhancement of compensation awarded by Motor Accidents Claims Tribunal, Delhi. Jagan Nath Varmani was killed in an accident caused by car No. MYB 7096 belonging to respondent No. 2 on the Mathura Road on 10.5.1968. The deceased was going on his motor cycle No. DLW 3756 from Delhi Gate towards Lajpat Nagar. The car in question came from opposite direction in great speed, came on the wrong side of the road and hit the motor cycle. As a result of the impact the left side clutch lever was broken; the seat carrier and the looking glass were damaged; the shocker and the front mudguard were damaged. Dr. S.S. Kaushal, Public Witness-6 who conducted the post-mortem stated that there was diffusion of blood in the frontal and parietal region. The frontal both temporal and the occipital bones were fractured and that the fissured fracture extended to the base of the skull. 2nd to 7th ribs on the left side were fractured and the left lung was also bruised. Jagan Nath Varmani died due to the said grievous injuries. On the basis of eye-witnesses' evidence the plan of the scene of the accident was prepared by the police. The nature of damage caused to the motor cycle and the injuries sustained by the deceased, the Tribunal came to the conclusion that it was because of rash and negligent driving of the driver of vehicle No MYB 7096 that the accident took place and the death occurred. The accident was caused by respondent No. 1 during the course of employment of respondent No. 2. Respondent No. 3 is the insurance company. It appears that the insurance company contested the matter before the Tribunal on behalf of itself and the owner of the car. In this court also the counsel for the insurance company appeared. It must, therefore, be assumed that the insurance company had accepted unlimited liability.