NEW INDIA ASSURANCE COMPANY Vs. E.C. DEAN

JUDGEMENT

(1.) THIS appeal has been filed by the New India Assurance Co. against an order passed by the Motor Accident Claims Tribunal, Saharanpur, whereby the respondent were awarded a sum of Rs. 25,800/-together with interest at 6% per annum from the date of the order till the date of the realization by way of compensation claimed by them as heirs of Rev CF Dean who is alleged to have died as a result of an accident caused by a truck no. USK 8447 which was admittedly insured with the appellant.

(2.) THE relevant facts as asserted in the claim petition filed by the respondents are that op November 19, 1973 Rev CF Dean, a Presbyterian priest in the Church of North India was coming in a U.P. Government Road-ways Bus No. 4217 from Dehradun to Saharanpur. When the bus reached Fatehpur district Saharanpur, the driver parked the bus on the left side of the road close to the bus stand. A truck no. USK 8447 owned by Smt. Kammo Bhatnagar (respondent no. 1 in the claim petition) and driver by Jogendra Singh (respondent no. 2 in the claim petition) came from behind and struck against the stationary bus resulting in grievous injuries to CF Dean who died shortly therefore the same day CF Dean was working as a Presbyterian priest in the aforesaid church in the scale of pay of Rs. 215-10-275 EB 15-350 EB-20-4T0-EB-30-550 per month. At the time of the accident he was drawing a basic pay of Rs. 305/- in addition to children allowance of Rs. 30/-and Rs. 10/- as electricity charges. The claimants were the widow and minor children. The accident was caused by the rash and negligent driving of the aforesaid truck. Consequently the claimants as heirs and dependents of CF Dean were entitled to compensation which they assessed at Rs. 1,00,000/-.

(3.) THE claim petition was contested by the owner of the truck and the appellant as the insurer. They did not deny that the truck belonged to the said respondent No. 1 and that Joginder Singh was driving it at the time of the accident. They however, denied that the accident was caused by any rash or negligent act on the part of the driver. Their case was that the driver of the truck asked for a pass which was given by the driver of the bus but suddenly the latter turned to his extreme right and applied the brakes without any indication whatsoever. With the result that it was not possible for the driver of the truck to stop the truck in such a short time as a result of which the left side of the truck struck against the right side of the bus. The truck was not moving at more than a speed of 15 miles an hour. Under the circum stances, the respondents were not liable for the accident or the alleged injuries caused to CF Dean. They also challenged the compensation claimed by the claimants as grossly exaggerated.