NATIONAL INSURANCE COMPANY LTD Vs. HEMA SAH

JUDGEMENT

(1.) THIS appeal, preferred under Section 110-D.of Motor Vehicles Act, 1939, is directed against judgment and award dated 2.3.1984, passed by Motor Accident Claims Tribunal/District Judge, Pithoragarh, whereby an amount of compensation to the tune of Rs. 41,600/- with interest at the rate of 6% per annum, was awarded in favour of the claimants.

(2.) BRIEF facts of the case are that one Shri Lalit Mohan Sah, aged about 34 years, was travelling on 18.4.1982, along with other passengers in bus registration No. U.P. Y-1142. At about 6.45 a.m., between Bankot and Seraghaat, when the said bus was being driven rashly and negligently by its driver, it fell into a deep gorge in which Shri Sah, received grievous injuries and died due to said injuries. Claimant No. 1 Smt. Hema Sah is widow of the deceased, claimant No. 2 Nidhi, is daughter and claimant No. 3 is son of the deceased. The deceased was Physical Training Instructor at Bankot and was earning Rs. 828/- per month. The aforesaid bus was being plied under the Management Of Kumaon Motor Owners Ltd. and was insured, at the time of the accident, with National Insurance Company. A total amount of Rs. 5,00,000/-, was claimed by the claimants as amount of compensation. The owners of the bus, filed a joint written statement, before the Tribunal and denied the negligence on the part of the driver. However, they pleaded that the bus was insured with the National Insurance Company at the time of the accident. The Insurance Company, filed its separate written statement, pleading its liability limited to the extent of Rs. 50,000/- in a accident and to a maximum of Rs. 5,000/- for each passenger under Section 95(2) of Motor Vehicles Act, 1939. Learned Tribunal, after framing the necessary issues, recording the evidence and after hearing the parties, awarded an amount of compensation to the tune of Rs. 41,600/- along with 6% interest thereon for the period of pendency of claim petition, apart from Rs. 500/- as costs towards the fee of the Counsel. The Tribunal further directed that the amount shall be paid by the National Insurance Company with whom the vehicle was insured. Aggrieved by said award, this appeal was preferred before Allahabad High Court, from where it has been received by transfer under Section 35 of U.P. Reorganisation Act, 2000.

(3.) P .W. 3 Mohan Ram, co-passenger, travelling with the deceased has stated on oath, before the learned Tribunal that the bus was being driven rashly and negligently by its driver which resulted in the accident. There is nothing on the record to disbelieve the statement. We are in agreement with the finding of the learned Tribunal, that in view of the spot inspection (Paper No. 46 C/4), Site plan (Paper No. 46 C/6), read with statement of P.W. 3, Mohan Ram and P.W. 4 Prem Chandra Upereti, it is proved on the record that the bus registration No. U.P. Y-1142, was being driven rashly and negligently by its driver in which Shri Lalit Mohan Sah, received injuries and died succumbing to said injuries.