SUBHADRA DEVI SHIVHARE Vs. MUKHTIAR SINGH

JUDGEMENT

(1.) Feeling aggrieved by the award of the Motor Accidents Claims Tribunal determining an amount of Rs. 2,55,000 only as compensation to the claimants-appellants on account of the death of Prem Narayan Shivhare, the husband of appellant No. 1 and the father of appellant Nos. 2 to 5, as against the owner/driver of the offending motor vehicle exonerating the other respondents including the insurer, the respondent No. 4, they have now come up in appeal, praying for the enhancement of the amount of compensation to Rs. 4,10,000 together with interest calculated at the rate of 12 per cent per annum on the said amount from the date of filing of the claim petition till realisation of the amount.

(2.) We have heard the learned counsel for the appellants and have carefully perused the record. The facts and circumstances as brought on record indicate that the claim giving rise to this appeal had been filed on 20.3.1989. Prem Narayan, deceased, had met with the accident at about 11 a.m. on 3.11.1988. The appellants had put forward a claim for an amount of Rs. 5,01,000 towards compensation together with an interest on the said amount at the rate of 12 per cent per annum for the period elapsing from the date of presentation of the claim petition till the realisation of the amount.

(3.) The order-sheet maintained by the Motor Accidents Claims Tribunal shows that the claimants had proceeded with their case in a most leisurely manner. They even impleaded the insurer only in the year 1995, who was impleaded pursuant to the order of the court allowing the amendment in the claim petition vide the order dated 5.9.95. The appellants could start leading their evidence only on 14.12.1999 after repeated opportunities have been provided for the same. The disposal of the application filed by the appellants under section 140 of the Motor Vehicles Act was delayed and the reason disclosed, as indicated in the order of the Tribunal dated 23.8.1999, was that before hearing the arguments oh that application the claimants wanted to ensure as to which insurance company had actually and really insured the offending vehicle and time was required for collecting the relevant information. The aforesaid application filed under section 140 of the Motor Vehicles Act was finally disposed of vide the order dated 4.11.1999. Even by that date the claimants had not filed their documentary evidence sought to be relied upon in support of their case. Issues were framed on that date. In spite of repeated opportunities the claimants could not lead their evidence and could examine the first witness Subhadra Devi in support of their claim on 14.12.1999. On the said date, another witness Morsin, PW 2, was also examined and the evidence was closed.