LEELA BHANOTT Vs. PETROLUBE INDIA

JUDGEMENT

(1.) These two appeals have been filed against the judgment and decree dated 19.8.1995 passed by Motor Accidents Claims Tribunal (Special/Addl. District and Sessions Judge), Aligarh (in short 'the Tribunal') in Motor Accident Claim Petition No. 79 of 1982, Leela Bhanott v. Petrolube India, whereby it allowed the claim petition for an amount of Rs. 3,35,000 with interest at the rate of 9 per cent per annum against the opposite party Nos. 1 to 3 with the direction that Oriental Fire and General Insurance Co. Ltd. (hereinafter referred as 'the insurance company') was liable to pay an amount of Rs. 50,000 and balance was to be paid by opposite party Nos. 1 and 3 jointly and severally. Since these two appeals arise against the same order they have been heard together and are being decided by a common judgment. Leela Bhanott and Kumud Khaitan died during the pendency of the appeals and their legal heirs are on record/have been substituted.

(2.) Brief facts are that Leela Bhanott filed a claim petition alleging that when on 11.12.1981, her husband Major N.P. Bhanott sitting on the pillion seat of motor cycle No. DDT 684, being driven by Harsh Kumar reached near the road crossing in Awas Vikas Colony of Raghuveer Puri Road and G.T. Road, Aligarh at about 9.20 p.m., a tanker bearing No. UPB 7010, being driven rashly and negligently by Prem Pal Singh, opposite party No. 3, hit the motor cycle and as a result thereof Harsh Kumar and Major N.P. Bhanott received injuries and later Major N.P. Bhanott succumbed to his injuries in Military Hospital, Aligarh. At the relevant time N.P. Bhanott, who was a Major in the army, was attached to N.C.C. Group HQ at Ramghat Road, Aligarh. He left behind him his widow Leela Bhanott, minor daughter Kritika Bhanott and son Arun Kumar. Major Bhanott was getting about Rs. 2,500 per month as salary and his age was about 45 years. According to claimants his life expectancy was up to 80 years. The claim petition was filed for award of Rs. 10,50,000 as compensation.

(3.) Opposite party Petrolube India filed written statement and, inter alia, pleaded that the accident took place on account of negligence of the motor cycle driver as at the time of the accident, he was in drunken condition and had no control over the vehicle. The vehicle was insured with the insurance company against third party risk with insurance policy No. 2810/30/01933/3081/1278/T.P. and the conditions of the policy were fulfilled. The driver Prem Pal Singh was prosecuted in Criminal Case No. 1826 of 1982, State v. Prem Pal Singh, but was acquitted for want of any evidence by order dated 16.6.1983.