SUSHILA DEVI Vs. SHAUKIN SINGH

JUDGEMENT

(1.) This appeal has been preferred under section 173 of Motor Vehicles Act, 1988, against the judgment and award dated 6.11.1998 passed in Motor Accident Claim Case No. 119 of 1995 by Mr. R.K. Rastogi, the then District Judge/Motor Accidents Claims Tribunal, Chamoli (in short 'the Tribunal'), whereby learned Tribunal has allowed the claim petition and awarded Rs. 50,000 in favour of claimants-appellants as against opposite party Nos. 1 to 3-respondent Nos. 1 to 3 along with 12 per cent interest per annum. However, the petition was dismissed against New India Assurance Co. Ltd., opposite party No. 4-respondent No. 4.

(2.) Brief facts, giving rise to the present appeal, are that on 5.6.1995 Shiv Prasad, father of claimant Nos. 2 to 5 and husband of claimant No. 1 was travelling by bus No. USY 3268 belonging to opposite party Nos. 1 and 2-respondent Nos. 1 and 2 and driven by opposite party No. 3-respondent No. 3, from Pokhari to Karnprayag. The bus was overcrowded and the conductor of the said bus insisted him to ride on the roof of the bus. As soon as the bus went ahead a few kilometres from Pokhari, the driver, in order to drop passengers at place Devarkhal, applied the brakes heavily, with the result Shiv Prasad fell down from the roof of the bus and sustained grievous injuries. He became unconscious at the spot and was brought to Pokhari Hospital, where the Medical Officer Incharge declared him dead. It is alleged that at the time of incident, the deceased was aged 41 years and was posted on the post of Beldar in the office of Executive Engineer, Construction Division. Pokhari and drawing Rs. 2,218 per month. The deceased used to spend Rs. 1,500 per month on his family. It is also alleged that had the accident not occurred, the deceased would have served the department for 17 years more and he would have spared amount of Rs. 3,50,000 to meet the expenses of his family. It is also alleged that claimants have suffered loss of consortium, love and affection, etc., due to death of Shiv Prasad. The claimants have, therefore, filed the petition for compensation worth Rs. 4,55,000 for the death of Shiv Prasad.

(3.) The owners of the bus, opposite party Nos. 1 and 2 contested the petition by filing joint written statement. They have admitted the fact that the death of the deceased was result of fall from the ladder of the bus. They have pleaded that the bus in question was insured with the opposite party No. 4, insurance company, therefore, the liability to pay compensation, if any, rests on it. It was also pleaded that the insurance company was informed about the accident on 14.6.1995.