HAMIDABANU BALUBHAI Vs. VASANTBHAI VIRABHAI HARIJAN

JUDGEMENT

(1.) Through this judgment, we propose to dispose of both these appeals (First Appeal Nos. 504 and 505 of 1989) at the instance of the claimants seeking enhanced compensation.

(2.) Shortly stated, accident took place on 18.12.1983 by collision between a motor cycle No. GAB 7530 and autorickshaw No. GTS 8055. Balubhai Muljibhai Lakhani (deceased) was driving the motor cycle and Jagdishbhai Parmanandbhai Rupareliya (deceased) was the pillion rider. Both were dealing in business of foodgrains, sugar, edible oil, etc. at Dhari. The accident took place at Bagasara-Hamapar Road at about 7 p.m. near village Hamapar. The auto-rickshaw overturned and motor cycle was thrown off the road causing injuries to the occupants of motor cycle, resulting in their death after some time. Balubhai Muljibhai Lakhani was 32 years old while Jagdishbhai Parmanandbhai Rupareliya was 34 years old, at the time of accident. Opponents are owner/driver of autorickshaw and the insurance company with which autorickshaw was insured. Widow and children of both the victims claimed compensation of Rs. 3,00,000 each. Claimants in both the cases stated that annual income of the deceased at the time of accident in each case was Rs. 25,000.

(3.) Owner and driver of autorickshaw did not file written statement, therefore, did not contest the claim. Insurance company stated that Balubhai Muljibhai Lakhani did not possess a valid driving licence at the time of accident, therefore, there is no liability for payment of compensation. Other averments are denied. It is also stated that there was contributory negligence on the part of motorcyclist.