JANARDAN Vs. LILA RANI BAKSHI

JUDGEMENT

(1.) THE present appeal by the owner of the vehicle, under Section 110D of the Motor Vehicles Act, 1939 (for short the Old Act) is directed against the judgment and award dated 30.6.1982 passed by the then Motor Accident Claims Tribunal/I Additional District Judge, Nainital (for short the Tribunal) passed in Claim Petition No. 139 of 1979, Smt. Lila Rani Bakshi and Ors. v. Janardan and Ors., whereby a compensation of 96,000 was awarded to the claimant along with interest @ 6% per annum. Out of this amount, sum of Rs. 50,000 was payable by the Insurance Company and the remaining 46,000 was ordered to be paid by the owner and driver of the vehicle jointly and severally.

(2.) RELEVANT facts necessary for a just decision of the appeal are that claimant-respondents, who are legal heirs of the deceased filed a claim petition before the learned Tribunal for compensation of Rs. 13,50,000 for the death of Ravinder Nath Bakshi in a vehicular accident which occurred on 3.7.1979 between Kashipur and Ramnagar near village Pratappur involving truck No. UTF-3744, which was driven rashly and negligently by its driver and hit the motor cycle of Ravinder Nath Bakshi with the result Ravinder Nath died on the spot as a result of injuries suffered by him. It was alleged that the deceased was well built, aged 47 years and earning about Rs. 3,500 per month from agriculture and farming at the time of his accidental death.

(3.) THE insurer of the truck contested the claim petition by filing its written statement. However, the insurer had taken the same defence as taken by the owner and driver, but has also pleaded that the vehicle was insured only for Rs. 50,000.