NATIONAL INSURANCE CO LTD Vs. BHAGWATI BAI

JUDGEMENT

(1.) Misc.Appeal Nos. 1099 and 1301 of 1997 are two appeals directed against the award dated 3.5.1997, passed in Claim Case No. 22 of 1994. Misc. Appeal No. 1099 of 1997 has been filed by National Insurance Co. Ltd. whereas Misc. Appeal No. 1301 of 1997 has been filed on behalf of the claimants. In the earlier appeal, the relief sought is for getting aside the award and in the subsequent appeal the relief sought is for enhancement of the amount under the award. The award is for a total sum of Rs. 1,02,000 out of which, an amount of Rs. 96,000 is awarded on account of the loss of dependency.

(2.) Brief facts are that on 1.2.1994 the deceased Sukumar Sikdar was travelling in a jeep bearing registration No. CPR 6601 which was going from Narayanpur to his village and after covering the distance of 14 km., the jeep met with an accident with a Government ambulance van bearing registration No. CPZ 2923 as a result of which he died on the spot and other passengers sitting in the jeep also died as a result of the accident. The report of the accident was lodged at the Police Station Antagarh and post-mortem was conducted. The claim was contested by the non-applicant No. 1 Prasanna Singh Thakur and the non-applicant No. 2 State of Madhya Pradesh, the owner of the ambulance van CPZ 2923 and also by the owner and driver of the jeep No. CPR 6601, i.e., the non-applicant No. 3 in the Claim Case No. 22 of 1994, Babulal Sharma and the non-applicant No. 4, National Insurance Co. Ltd., the insurer of vehicle No. CPR 6601.

(3.) After recording the evidence of the parties, the Claims Tribunal recorded the finding that the accident took place on account of the negligence and callousness on the part of the driver of the Government vehicle No. CPZ 2923 and accordingly compensation was awarded to the tune of Rs. 1,02,000.