ANJALI KEVLARMANI Vs. KESHAVRAM

JUDGEMENT

(1.) Both these apeals (Misc. Appeal No. 551 of 1991: Anjali Kevlarmani v. Keshavram and Misc. Appeal No. 558 of 1991: Sewakram Sewani v. Keshao) are being disposed of by this common judgment, since they arise out of the same accident and common award passed by the Motor Accidents Claims Tribunal, Raipur, dated 25.7.1991.

(2.) The accident took place on 27.2.88 at about 7.30 p.m. near village Abhanpur, on Raipur-Dhamtari Road. At the time of accident, when both the deceased, namely Bharat Kumar and Anand Kumar, were going from Raipur Kanker on Hero Honda motor cycle No. CIT 7257, truck No. MBT 8588, which was coming from opposite direction, dashed Hero Honda motor cycle, as a result of which both, Bharat Kumar and Anand Kumar, died on the spot. Two claim petitions have been filed by the legal heirs of both the deceased for compensation of Rs. 10,96,000 and Rs. 6,06,000 respectively. It is pointed out that the motor cycle was being driven by Bharat Kumar while Anand Kumar was pillion rider. Nindar Singh Hora was owner of the truck and Keshavram was driver of the said truck. The Hero Honda motor cycle No. CIT 7257 was hit by truck No. MBT 8588. Both the riders of the motor cycle died on the spot. The truck was insured with the New India Assurance Co. Ltd. The matter was reported to the police and a case under section 304-A of the Indian Penal Code was registered and challan was filed.

(3.) Bharat Kumar was 24 years old at the time of accident and was working in a medical store earning Rs. 1,200 per month. This apart, he was repairing VCR and TV, from which he was earning Rs. 1,000 per month. The claimants were dependent on him.