RAMPYARI BAI Vs. UNION OF INDIA

JUDGEMENT

(1.) We propose to dispose of Misc. Appeals (Rampyari Bai v. Union of India, M.A. No. 444 of 1997; Chandrakala Bai v. Union of India, M.A. No. 445 of 1997; Chindhi Bai v. Union of India, M.A. No. 446 of 1997; Phulba Bai v. Union of India, M.A. No. 447 of 1997, filed by claimants for enhancement of compensation, and Union of India v. Chindhi Bai, M.A. No. 1046 of 1997; Union of India v. Phulba Bai, M.A. No. 1047 of 1997; Union of India v. Chandrakala Bai, M.A. No. 1048 of 1997; Union of India v. Rampyari Bai, M.A. No. 1088 of 1997 by Union of India against the awards of compensation) by this order since they arise out of the same accident, though the Motor Accidents Claims Tribunal has passed separate awards in separate claim cases.

(2.) Accident took place on 16.2.1993 when dumper No. MWY 9117 driven rashly and negligently by driver Asha Ram, turned turtle resulting in the death of four persons, namely, Mahipat, Deva, Bihari Lal and Gulab. Defence taken by the Union of India is that accident did not take place due to rash and negligent driving of the vehicle, as alleged. As a matter of fact, spring of the vehicle broke as a result of which it went out of control and turned turtle. The deceased got into the vehicle despite they were asked not to do so. On the basis of evidence, Claims Tribunal came to the conclusion that accident took place due to rash and negligent driving of the vehicle by driver Asha Ram resulting in the death of four persons. The defence taken by the Union of India has been rejected. Accordingly, different amounts of compensation have been awarded by the Claims Tribunal carrying interest at the rate of 12 per cent per annum from the date of application till payment. That apart, counsel fee has also been awarded, making the awards payable within 2 months failing which the amounts would carry interest at the rate of 18 per cent per annum.

(3.) We have considered the conclusions arrived at by the Claims Tribunal in the context of the evidence on record. We find justification in the view taken by the Claims Tribunal and the same is confirmed. Parties have serious dispute with respect to the awards of compensation in these cases. The case of the claimants is that the awards are on the lower side, therefore, the same require to be enhanced because the Tribunal has not assessed the same properly as a result of which just compensation has not been awarded. Learned counsel for the Union of India contends that compensation awarded is excessive and hence the same is liable to be reduced.