NEW INDIA ASSURANCE CO LTD Vs. LAXMI NARAIN

JUDGEMENT

(1.) Both these appeals have been filed against two awards passed in Motor Accident Claim Petition No. 233 of 1988. Laxmi Narain v. Balbodh Misra, the former having been filed against the award dated 3.9.1994 in the aforesaid case and the latter against the award dated 29.8.1998 in the same case.

(2.) The facts giving rise to both these appeals are that claimant Laxmi Narain, respondent No. 1 in both the appeals had filed M.A.C.P. No. 233 of 1988 against the appellant, opposite party No. 3 in the M.A.C.P. and the respondent Nos. 2 and 3, opposite party Nos. 1 and 2 in M.A.C.P. with these allegations that on 21.2.1988 he was going from Orai to (Sic.) in truck No. MBO 1765 owned by Kataria Transport Corporation, opposite party No. 2. At about noon this truck collided with bus No. UTK 2575 owned by Balbodh Misra, opposite party No. 1. Consequently, Laxrni Narain received injuries in this accident. His age was 26 years at that time and he was earning Rs. 700 per month. He had to spend Rs. 15,000 on his treatment. He, therefore, claimed Rs. 3,35,000 as compensation.

(3.) Balbodh Misra, opposite party No. 1, filed a written statement in which he admitted the ownership of bus No. UTK 2575. He pleaded that the bus was insured with New India Assurance Co. Ltd., opposite party No. 3 and on the date of accident, the bus was coming from the side of Etah towards Orai which was being driven by Babu Khan who died in the above accident. Accident had taken place due to rash and negligent driving of the driver of the truck No. MBO 1765. Income of the petitioner was not Rs. 700 per month. The petitioner had not impleaded the insurer of the truck.