CHANDRA DEVI Vs. DIWAN SINGH

JUDGEMENT

(1.) This appeal preferred under section 110-D of the Motor Vehicles Act, 1939, is directed against the judgment and award dated 29.7.1983, passed by M.A.C.T./District Judge, Pithoragarh in M.A.C. Case No. 14 of 1981, whereby a sum of Rs. 23,466 has been awarded with interest at the rate of 6 per cent per annum thereon as compensation to the claimants-appellants.

(2.) Brief facts of the case are that a claim petition under section 110-A of the Motor Vehicles Act, 1939 was moved by claimants Chandra Devi, Saraswati Devi and Lal Singh, before the M.A.C.T./District Judge, Pithoragarh. As per the claim petition on 5.11.1980, Kedar Singh Negi (deceased) boarded the bus registration No. UPD 188 at Tanakpur on his way to Pithoragarh. At about 11.30 a.m. a truck registration No. UTF 4293, owned by respondent No. 4 was coming from opposite direction towards Tanakpur. It appears that when the aforesaid bus and the truck were crossing each other an accident took place. It is alleged that due to rash and negligent driving on the part of the driver of aforesaid truck, Kedar Singh Negi got head injuries and he succumbed to his injuries. It is further alleged that deceased was 24 years of age at the time of accident and was employed in Hindustan Petroleum Corporation Ltd., Bombay. His earnings at the time of death were Rs. 1,057.54 per month. The claimant Chandra Devi is widow of the deceased and the claimants Saraswati Devi and Lal Singh are the parents of deceased. It was further alleged in the claim petition that the deceased used to contribute Rs. 700 per month to claimants. With these allegations an amount of Rs. 2,31,100 was claimed as compensation by the claimants-appellants.

(3.) The owner and driver of the bus in question, filed their written statements and contested the claim petition in which it was alleged that there was rash and negligent driving on the part of the driver of the truck and not on the part of the driver of the bus. The opposite party No. 4, the owner of the truck, also contested the claim petition by filing separate written statement in which it was alleged that his vehicle was in the extreme left of the hill road and the accident in question has not occurred due to negligence on the part of the driver of the truck, Narain Singh. Opposite party No. 5, United India Insurance Co. Ltd., insurer of the truck, registration No. UTF 4293, has filed its separate written statement and contested the claim. However, insurance company has admitted that the truck was insured with it and its liability was up to the limit of Rs. 50,000.