ORIENTAL UNSURANCE COMPANY LIMITED Vs. REKHA GUPTA

JUDGEMENT

(1.) The present appeal is directed against the judgment and award dated October 28, 1988 of Shri B.L.Garg, Judge, Motor Accident Claims Tribunal, Delhi. The appeal is filed by the Insurance Company, the Oriental Insurance Company Limited. The respondents-claimants have filed cross-objections, being C.M.No. 1550 of 1989 for enhancement of compensation as awarded by the Tribunal.

(2.) The respondents-claimants filed petition before the Tribunal claiming compensatioin of Rs.50 lakhs on account of the death of Shri Ganga Ram Gupta as a result of the accident. The deceased was coming from Najafgarh side on March 30, 1987 at about 10 P.M. in his Maruti Car No. DBD 7613 on the left side of the road and it is alleged that he was driving at a low speed. When the said car reached near Aggarwal Dharamshala, Uttam Nagar, Najargarh Road, a bus bearing No. DEP 4442 driven by Bhoop Singh, respondent no.6 herein, rashly and negligently came on the wrong side of the road and hit the said Maruti car in the front on the right side. The deceased Shri Ganga Ram Gupta received multiple injuries due to negligent driving with the result he died on the spot. The respondents have further alleged that the accident took place due to the negligence on the part of respondent no.6 as he was driving the vehicle rashly and recklessly in due course of his employment under respondent no.7. The deceased was earning Rs.1,91,696.75 per annum from his business. He was an income-tax assessee and paid income tax of Rs.47,260.00 for the assessment year 1987-88 in his individual capacity as well as Karta of Hindu Undivided Family. The deceased was about 26 years of age and was enjoying good health. There is a history of logevity of life in the family and the father of the deceased was 70 years of age at the time of accident and his grand father died at the age of 95 years. The respondents-claimants were dependent on him financially and by his sudden and unfortunate death they have been deprived of the love and care which they were expected to enjoy for number of years. The bus in question was owned by respondent no.7 and was insured with the appellant insurance company.

(3.) Respondents 6 and 7, driver and owner of the vehicle, did not appear in the court despite service and they were proceeded against ex parte. The appellant Insurance Company filed its written statement in which it has admitted the death of the deceased as well as of the accident but has denied that the accident took place due to rash and negligent driving of the bus in question on the part of respondent no.6. According to the appellant, the accident took place due to rash and negligent driving of Maruti car on the part of the deceased Shri Ganga Ram Gupta. It was further pleaded that the amount claimed was excessive. However, it was admitted that the liability of the company was unlimited.