TARAWATI TANDON Vs. HARI DUTT PATHAK

JUDGEMENT

(1.) The aforesaid two appeals arise out of a common judgment and order passed by Motor Accidents Claims Tribunal, Almora. Hence, it is being disposed of by means of a common judgment as both the appeals were also heard through counsel who were common to both the appeals.

(2.) F.A.F.O. No. 520 of 1981 has been preferred by the claimants for enhancement of claim to the extent claimed in the petition as claim for Rs. 23,100/- only was decreed. The other appeal No. 587 of 1981 is by National Insurance Co. Ltd. that the decree could only be up to Rs. 5,000/- and any award over and above that is illegal so far as appellant insurance company is concerned, hence to that extent it may be set aside. The owner of the vehicle did not contest the claim of both the appellants in both the appeals as none appeared in spite of notice.

(3.) In short, the facts of the case are: that the accident with motor vehicle USR 2024 took place on 15th December, 1979, when the bus fell into a khud near Baijnath on Baijnath-Bageshwar Road, which resulted in the death of one K.L. Tandon. The owner of the vehicle is Hari Dutt Pathak. The widow, minor children and mother of the deceased K.L. Tandon filed the claim petition claiming compensation of Rs. 3,00,000/-. The respondent contested the claim that the accident was not the result of any negligent or rash driving but was on account of mechanical failure and further the claim is highly excessive. The Claims Tribunal held that the accident took place on account of rash and negligent driving of the vehicle and hence awarded compensation of Rs. 23,100. The said award was both against the owner and the insurance company jointly and severally along with interest on the said amount of 6 per cent per annum from the date of petition to the date of realisation.