SHANTI DEVI Vs. CHET RAM

JUDGEMENT

(1.) THE present judgment will dispose of two appeals, FAO No. 205/ 88 National Insurance Co. Ltd. v. Smt. Shanti Devi and Ors. and FAO No. 210/88 Smt. Shanti Devi and Ors. v. Shri Chet Ram and Ors. The first appeal is filed by the Insurance Company impugning the award dated July 22,1988 of Smt. Mamta Sehgal, Judge Motor Accident Claims Tribunal. The second appeal is filed by the claimants for enhancement of compensation.

(2.) THE brief facts are that on November 26, 1979 at about 7.30 a.m. one Shri Anup Singh was on duty as Assistant Sanitary Inspector and was standing outside the tea shop of Ramesh Chander near D.T.C. bus stand Along with deceased Ishwar Singh, all of a sudden bus bearing No. DLP 5312 being driven by respondent No. 7 (respondent No. 1 herein) in a rash and negligent manner hit the above said Anup Singh from the back side. It further hit Ishwar Singh who died on the spot. After the accident the claimant Anup Singh became unconscious and was removed in a taxi to Willingdon Hospital by one of his colleagues, who was working with him at the relevant time. He suffered head injuries and compound fractures on his different parts of the body. It is alleged that he did not recover fully from such injuries and his working capacity has been reduced. One of his legs has become short and he suffered physical pain and agony. The said Anup Singh is alleged to have spent Rs. 10,000/ - on medicines, Rs. 8,000/ - on special diet and Rs. 2000/ - on conveyance. He became permanently disabled and had to take leave from his office. In view of this accident and the injuries suffered by him he has claimed a sum of Rs. one lakh as compensation. The claimants in the case of deceased Ishwar Singh have filed their claim on the plea that Ishwar Singh was 28 years of age and was working as conductor with Delhi Transport Corporation. He was earning Rs. 720/ - to Rs. 800/ - per month from his occupation and agriculturist as well. He had bright prospects and would have retired as Traffic Supervisor, if he had not met untimely end. The unfortunate accident took place when the deceased was on his way to join his duty and was accompanied by Anup Singh.

(3.) THE following issues were framed in Suit No. 71 -A/80 and in Suit No. 57/8: Suit No. 71 -A/80: 1. Whether the petitioner Anup Singh sustained injuries due to rash and negligent driving of bus No. DLP 5312 on the part of respondent No. 1 as alleged? 2. Whether the petition is not maintainable against respondent No. 3 for the additional pleas taken in the written statement? 3. To what amount of compensation, if any, is the petitioner entitled and from whom? 4. Relief. Suit No. 57/80: 1. Whether the petitioners are the legal representatives of deceased Shrilshwar Singh? OP? 2. Whether Shrilshwar Singh sustained fatal injuries due to rash and negligent driving of bus No. DLP 5312 on the part of respondent No. 1 Shri Chet Ram ? DPP 3. Whether respondent No. 1 was not having valid driving license? If not its effect ? OPR 4. To what amount of compensation, if any, are the petitioners entitled and from whom ? OPR