NATIONAL INSURANCE CO LTD Vs. SHYAM SUNDER DIXIT

JUDGEMENT

(1.) This appeal challenges the award of Motor Accidents Claims Tribunal, Durg, dated 29.2.2000 in Claim Case No. 77 of 1998.

(2.) On 21.6.1998, Akhilesh Kumar Dixit (deceased) was going along with others in a bus, MP 23-J 0409 from Nagpur to Bhilai. The driver of the bus was driving the vehicle rashly and negligently. As a result, the rear part of the bus struck with another vehicle. The deceased was sitting in the last seat of the bus and as a result of this accident, there was big jerk due to which the deceased sustained injuries on his head. He was taken to the Government Hospital, Rajnandgaon but on the way he died. He used to work in Bhilai Steel Plant and his monthly salary was Rs. 6,900 apart from yearly bonus of Rs. 6,500. At the time of accident, the deceased was 28 years old and was likely to get promotion six times taking the salary to at least Rs. 20,000- Rs. 25,000. Against different heads, the claim of Rs. 34,30,000 has been raised.

(3.) The respondent-non-claimant Nos. 1 and 2 have denied the claim. It is stated that the deceased was going to attend a marriage and was sitting negligently in the last seat of the bus after consuming liquor. Quite often, he was projecting out of the window for spitting and did not stop despite warning by the driver. At the time of accident, he behaved similarly resulting in the accident. In the accident, his head struck against another bus resulting in injuries and death. No mistake was committed by the respondents. The bus was being driven safely and with distance but the bus coming from the opposite side was being driven rashly and negligently with the result that the accident took place for which the deceased and the driver of the other bus are responsible. The bus was insured with the appellant insurance company.