NEW INDIA ASSURANCE COMPANY LTD Vs. JAINBAI

JUDGEMENT

(1.) THIS is an appeal by the Insurance Company against the award dated 27-7-82 made by the Motor Accident Claims Tribunal, Dewas in claim case No. 3/79 whereby the learned Tribunal has awarded a sum of Rs. 14, 500/- as compensation to the claimants in respect of death of three persons viz., Bheru, his wife Balibai and their daughter Raju who third as a result of accident due to collision between the bus bearing registration No. MPU-5104 and the Matador bearing registration No. MPU 6014.

(2.) ON 20.7.78, the deceased persons Bheru, Balibai and their daughter Raju were travelling in a loading matador sitting in its hind portion which was hit by the offending bus coming from the opposite direction on Ujjain-Dewas road. As a result of this accident, the leading matadoi was thrown on its left side resulting in the death of all the three above-named occupants the rein-The claimants- applicants Janibai and Chandar who are respectively widow mother of deceased Bheru and minor son of Bheru filed the instant claim petition for compensation under Section 110-A of the Motor Vehicles Act on account of the death of the three persons in the said motor accident against the non-applicants viz., the alleged driver of the bus Ratansingh, owner of the bus Bhanwarsingh and the appellant Insurer in respect of the bus in question.

(3.) AFTER trial, of the claim case, the learned Tribunal found that the motor-accident resulting in the death of Bheru, his wife Balibai and the daughter Raju, occurred due to rash and negligent driving of the bus in question by its driver and that the driver who was driving the bus was not Ratansingh. The learned Tribunal, however, held the owner of the bus and the Insurance company jointly and severally liable to pay as compensation a sum of Rs. 4, 500/- to the claimant Jainbai, mother of the deceased Bheru and a sum of Rs. 10,000/- to Chandar minor son of the deceased Bheru with interest @ 6% per annum from the date of the claim petition i.e. 15.1.1979 till realisation.