PRABHAVATI SHARMA Vs. BRIJMOHAN PARIHAR

JUDGEMENT

(1.) FOR the death of late Gopal Krishna Sharnia, husband of appellant No. 1 and father of appellant Nos. 2 to 4, the Claims Tribunal has awarded them Rs. 48,009. 97 with costs Rs. 300/and interest at the rate of 6 per cent per annum against their claim of Rs. 3,36,970/ -. Out of that amount, as per award, the insurer, respondent No. 3, is required to discharge its statutory liability to the extent of Rs. 50,000/ -.

(2.) IN this appeal, enhancement is prayed by the claimants/appellants mainly on the ground that 'deductions' made are illegal and unwarranted. On the other hand, it is contended by respondent No. 1 (owner of the offending vehicle) that the entire sum under the award as also enhanced amount, if any, has to be paid by the insurer.

(3.) THE accident took place on 13. 5. 1977 at around 6. 30 p. m. when the deceased was driving a scooter from Gwalior Railway Station towards Morar on public duty and was accompanied by a colleague, Chandrakant (CW 3), occupying the pillion seat. He was a Sub-Engineer in the Public Health Engineering Department of the State Government and was aged 35 years. He was hit by a mini bus, registration No. MPW 8444, owned by respondent No. 1, and he died in the hospital on the same day. The finding of the Tribunal is unassailable that the driver was both rash and negligent. Not only the bus was driven at a high speed and on the wrong side of the road, but also the road was meant for one-way traffic only.