VISHAKHA BAI Vs. SUSHIL KUMAR

JUDGEMENT

(1.) THIS judgment shall govern the disposal of appeal Nos. 279 of 1984 and 280 of 1984 (Radhey Shyam Sunar v. Sushil Kumar) filed reportedly against the award dated 22nd June, 1984 in Claim Case Nos. 40 of 1982 and 39 of 1982 passed by the Member, Motor Accidents Claims Tribunal, Ujjain, wherein the learned Tribunal awarded damages to both the claimants in respect of an accident which took place on 5. 10. 1981 at Freeganj, Ujjain. Both the appellants are dissatisfied with the amount of award and, therefore, have preferred these appeals.

(2.) THE M. P. State Road Transport Corporation, respondent in both appeals, has filed cross-objections challenging the award on the ground that the Tribunal has wrongly held that the accident occurred due to the negligence on the part of the driver of its vehicle CPH 8561.

(3.) FACTS leading to these appeals and cross-objections in short are that an accident took place on 5. 10. 1981 at about 12 o'clock in the day in Freeganj, Ujjain. It is a common ground that Sushil Kumar Chourasia is the owner of tempo No. MPM 4042 and at the time of the accident the tempo was being driven by Mohammed Unus and was insured with the National Insurance Co. Ltd. It is also not in dispute that bus CPH 8561 at the time of the accident was in the ownership of M. P. State Road Transport Corporation (hereinafter MPSRTC) and was being driven at the relevant time by Saharuddin. It has also not been controverted that Nagina Bai, wd/o Narayanji, had died due to the injuries which she received in the course of the accident. The appellant in appeal No. 280 of 1984, Radhey Shyam, had filed a Claim Petition No. 39 of 1982 before the lower court alleging that on 5. 10. 1981 at about 12 o'clock in the day when deceased Nagina Bai with her friend Vishakha Bai was going from Freeganj in the city of Ujjain, near Bharat Talkies, Mohammed Yunus was driving tempo No. MPM 4042 rashly and negligently and at the same time from Makshi Road side driver Saharuddin reached there driving the bus No. CPH 8561 rashly and negligently. While so driving Saharuddin dashed the bus against the tempo and the tempo hit both Nagina Bai and Vishakha Bai due to which they received injuries. Nagina Bai succumbed to her injuries on the way to the hospital and Vishakha Bai received serious injuries. Nagina Bai was 50 years of age. She used to do the job of gold smithery and was earning about Rs. 15/- a day. Therefore a claim of Rs. 75,051/- as compensation was made by Radhey Shyam on account of the death of deceased Nagina Bai. The learned Tribunal awarded only Rs. 4,240/as compensation with interest at the rate of 6 per cent per annum from the date of the award and the costs of the case. Aggrieved by the insufficiency of the award Radhey Shyam has filed appeal No. 280 of 1984.