NEW INDIA ASSURANCE CO LTD Vs. JIWANTI BHANDARI

JUDGEMENT

(1.) This is an appeal under section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 30.5.1990 passed by Mr. R.M. Rai, the then learned III Additional District Judge/ Presiding Officer, Motor Accidents Claims Tribunal, Nainital (Camp at Haldwani) whereby in M.A.C. Case No. 106 of 1988 the Tribunal has awarded Rs. 4,58,000 as compensation to the applicants.

(2.) Brief facts of the case giving rise to the present appeal are that on 10.1.1988, Ram Singh Bhandari, the deceased, was travelling from Haldwani to Almora in a bus bearing registration No. URN 9428. The driver of the bus was driving it rashly and negligently. When the bus reached near Khairana, the driver lost control of the bus and it fell in a gorge and caught fire. Ram Singh Bhandari (deceased) and many other passengers got burn injuries and died. The deceased was earning Rs. 1,885 per month as salary. Jiwanti Bhandari, claimant No. 1 is widow of the deceased while Manju Bhandari (claimant No. 2) and Mukesh Bhandari (claimant No. 3) are daughter and son respectively of the deceased. Opposite party No. 1, Kanta Devi was owner of the vehicle and New India Assurance Co. Ltd. (present appellant) was the company with whom the vehicle was insured. The opposite party No. 4 in the petition was the driver of the vehicle in question.

(3.) In the written statement before the trial court, the owner of the vehicle has admitted the accident and death of the passengers including that of Ram Singh Bhandari. However, the opposite parties including the owner have denied allegations that the bus was being driven rashly and negligently by the driver of the bus. Opposite party No. 2 (present appellant) has taken a further plea that the owner of the bus has no permit to ply the vehicle between Haldwani and Almora.