NEW INDIA ASSURANCE CO. Vs. UDAI NARAIN GUPTA

JUDGEMENT

(1.) THESE four appeals are being disposed of by a common judgment as they arise out of claims lodged in respect of the same accident. First Appeal From Orders Nos. 523 and 524 of 1980 have been filed by the insurer and the owners of the vehicle which was a passenger bus. First Appeal From Orders Nos. 671 and 668 of 1980 have been filed respectively by two claimants, namely, R.C. Rao and U.N. Gupta.

(2.) IN the First Appeals filed by the insurer and the owners the contention is that the Tribunal has wrongly assessed compensation and that on a true and correct appreciation of the relevant facts and the applicable principles, the claimants were not entitled to the amounts of compensation awarded in their favour by the Tribunal. In the First Appeals filed by the claimants the contention is that the compensation awarded by the Tribunal deserves to be enhanced.

(3.) SRI R.C. Rao filed a claim petition under the Motor Vehicles Act and claimed compensation amounting to Rs. 42,250/-. In the petition it was asserted that the accident was caused by the rash and negligent act of the driver of the bus, as a consequence of which he sustained the injuries mentioned above. He had to spend Rs. 1,500/- physical shock as! a result of which his earning capacity has been reduced. He claimed various amounts against different heads aggregating Rs. 42,250/-. R.C. Rao slated that he was working as a typist in the Civil Court at Jhansi and on account of the accident and the injuries sustained by him he has suffered various losses of the category mentioned above.