MINOR AYUSH BAHETI Vs. KASI

JUDGEMENT

(1.) All these three Civil Miscellaneous Appeals are directed against the common award rendered in three M.C.O.P. Nos.971, 972 and 970 of 2008 respectively, on the file of Motor Accidents Claims Tribunal/Additional District Court, Krishnagiri. They are hence heard together and shall stand disposed of by this common judgment.

(2.) Claimants in the O.Ps. are the appellants before us. They are aggrieved by the quantum of compensation awarded by the Tribunal. They, who were all residents of Ganga Shaher of Bikaner town in the State of Rajasthan, were apparently on a trip to the holy pilgrimage town of Rameshwaram. The motor vehicle, in which they were travelling on 105.2007 at about 03.30 a.m., met with an accident. Due to rash and negligent driving, the driver lost control of the vehicle; as a result, the vehicle collided with an electrical pole and also a concrete pillar and, due to the impact, it capsized on the western side of the road. One Smt. Sanju Baheti, wife of the first appellant and mother of two minor appellants in C.M.A. No.3497 of 2012, who were claimants in M.C.O.P. No.970 of 2008, sustained severe injuries. When she was rushed to a local hospital for medical attention, she was declared brought dead. The second appellant also sustained severe injuries, resulting in multiple fractures. In the accident, Sri Suresh, appellant in C.M.A. No.3358 of 2012 and claimant in M.C.O.P. No.972 of 2008, also sustained a grievous injury. The appellant in C.M.A. No.3239, who is the claimant in M.C.O.P. No.971 of 2008, claimed a sum of Rs. 11.00 lakhs; the appellant in C.M.A. No.3358 of 2012, who is the claimant in M.C.O.P. No.972 of 2008, claimed a sum of Rs. 6.00 lakhs; and the appellants in C.M.A. No.3497 of 2012, who are the claimants in M.C.O.P. No.970 of 2008, claimed a sum of Rs. 50.00 lakhs, as compensation.

(3.) P.Ws.1 to 4 were examined and Exs.P-1 to P-20 were marked. The first claimant in M.C.O.P. No.970 of 2008 has been examined himself as P.W.1. He was also travelling in the same vehicle and hence he had first-hand knowledge as to the manner in which the vehicle has been driven and as to how the driver lost control of the vehicle and, consequently, it hit against an electrical pole and also a concrete structure near a culvert and fell on one side. Therefore, the occurrence and causative factors of the accident have been rightly held established. The claimant in M.C.O.P.No.972 of 2008 has been examined as P.W.2. Therefore, there is no difficulty for the Tribunal to record a finding of fact that the accident occurred due to the rash and negligent driving of the motor vehicle, by its driver. Ex.P-2 is the Insurance Policy of the offending vehicle. Ex.P-3 is the Registration Certificate of the vehicle. Ex.P-4 is the Driving Licence of the driver. Ex.P-9 is the Income-Tax Return, concerning the deceased, Smt. Sanju Baheti. The Tribunal has erroneously recorded that Ex.P-9 has been filed on 31.02008, which was after the accident had occurred, in which, Smt. Sanju Baheti died.