NEW INDIA ASSURANCE CO LTD Vs. HEMLATA BISWAS

JUDGEMENT

(1.) This first appeal from order (No. 2 of 1977) has been filed by the insurance company against the award of the Motor Accidents Claims Tribunal, Gorakhpur, arising out of Motor Accidents Claim No. 72 of 1975. A cross-objection has been filed by the claimants for enhancement of the compensation.

(2.) Smt. Hemlata Biswas and her two daughters filed a claim for Rs. 2,41,800 on account of the death of Sri Santosh Kumar Biswas, husband of Srimathi Hemlata Biswas and father of the other claimants.

(3.) It was alleged that at about 4 p.m. on February 24, 1975, Sri Santosh Kumar Biswas was travelling in a mini bus No. USB 8212, owned by opposite party No. 2, Malkee Singh, and insured by opposite party No. 3, New India Assurance Co. Ltd. The mini bus collided with a motor truck No. UPK 1951, owned by opposite party No. 1, Dilip Kumar Ahuja and insured by opposite party No. 4, the National Insurance Co. Ltd., at Bargadwa trijunction of Gorakhpur Nautanwa highway. It was alleged that the truck was being driven rashly and negligently. In the accident, deceased, Santosh Kumar Biswas was thrown out of the mini bus, sustained injuries and succumbed to the same in the hospital. It was claimed that the average income of the deceased was Rs. 650 per month. The claimants had been put to loss of that income. The damages for mental shock were also claimed. The National Insurance Co. Ltd. and Dilip Kumar Ahuja, insurer and owner of truck No. UPK 1951, denied the accident; in the alternative, they pleaded that the accident took place due to the negligence of the driver of the mini bus. The death of Santosh Kumar Biswas on account of the accident was also denied and the amount of compensation claimed was alleged to be excessive.