KAMLESH SHARMA Vs. UNITED INDIA INSURANCE. CO. LTD.

JUDGEMENT

(1.) Heard Sri B.P. Verma, learned counsel for the appellants, Sri Devendra Kumar, Advocate has absented himself even in the third round. We have perused the award and record of the Tribunal impugned.

(2.) This appeal, at the behest of the claimants, challenges the judgment and order dtd. 6/2/2004 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Meerut (hereinafter referred to as 'Tribunal') in M.A.C.No.494 of 2002 awarding a sum of Rs.1,77,375.00 with interest at the rate of 7% as compensation.

(3.) Brief facts as culled out from the record are that on 26/2/2002, the deceased-Satyadev Sharma was going on scooter No. U.P.-15 G/7219 from L. Block Shastri Nagar to Tejgarhi and when he reached near Bank of Baroda then Tanker No. U.P.No.9002 hit the scooter from behind. He was treated in Lokpriya Hospital Meerut and Apolo Hospital Delhi and ultimately on 4/3/2002, he died. A very strange accident has occurred whereby a young person after being hit by a bus and tanker, died after about ten days in the hospital. Tribunal very strangely granted compensation to the tune of only 25% whcih was the liability of the tanker. The Tribunal held the driver of the bus to be negligent to the tune of 70% but did not grant compensation as according to the Tribunal, having not joined the owner or the driver of the said bus disentitled the claimants from claiming compensation. The better option for the Tribunal was to direct the driver and owner of the bus to be joined as respondents but neither the insurance company of the tanker gave such application. In this backdrop, that we are called upon to decide the liability and the compensation awardable to the legal heirs of the deceased. The deceased was aged about 46 years and was working as Labour and Industrialk Law Concultation as well as Manager ( Legal) in Sanghal Paper Ltd. And was earning Rs.20,000.00 per month.