SAGARBAI Vs. PARMANAND

JUDGEMENT

(1.) This appeal is directed by the claimants against the award dated 26.11.1994 passed by 1st M.A.C.T., Dhar in Claim Case No. 65 of 1992 whereby compensation of Rs. 1,37,500 with interest at the rate of 12 per cent per annum from the date of application was awarded.

(2.) The appellants' case was that on 17.7.92 the deceased Rameshchand Mali, husband of appellant No. 1 and father of appellant Nos. 2 to 8, was travelling in the jeep belonging to Forest Department along with S.D.O. and other officials. When this jeep was ascending in Bherughat, respondent No. 1 came from opposite side driving truck No. MP 11-3891 belonging to respondent No. 2 and insured with respondent No. 3 in a rash and negligent manner and dashed against the jeep, as a result of which Rameshchand Mali sustained injuries and died on the spot. The appellant filed claim case seeking compensation of Rs. 3,00,000. The respondents contested the claim and pleaded that the accident occurred due to rash and negligent driving of the jeep. The learned Tribunal after recording evidence held that the accident occurred due to negligence of the truck and jeep drivers both. He apportioned 80 per cent negligence to the truck driver and 20 per cent to jeep driver and awarded compensation as mentioned above. Hence, this appeal by the claimants for enhancement. The insurance company filed cross- objections under Order 41, rule 22.

(3.) Mr. Hardiya, learned counsel for the appellants, submitted that the Tribunal committed error in holding that the jeep driver was also negligent. He further submitted that the Tribunal also committed error in reducing the award amount by 20 per cent. He further contended that the Tribunal fell in error in determining the dependency. On the other hand, Mr. H.G. Shukla, learned counsel for the respondents, submitted that the Tribunal committed an error in holding that the accident occurred due to rash and negligent driving of the truck. He also prayed that the amount of compensation is on higher side.