ATYABHAMA BAI Vs. ANIL KUMAR

JUDGEMENT

(1.) This appeal is directed against award of Motor Accidents Claims Tribunal, Harda in M.A.C.T. No. 32 of 1996 dated 6.1.2000 whereby the claim has been dismissed except award of Rs. 50,000 towards 'no fault liability'.

(2.) Shortly stated, Satyabhama Bai (45) is the wife of late Ravindra Kumar Chaturvedi, Sub-Divisional Officer, Irrigation Department, Tawa Canal, Harda, M.P. On 14.5.96, he was going to Ajnas travelling by motor cycle No. CIC 9978 by pillion rider while the vehicle was being driven by Chandra Shekhar Tiwari. Unfortunately, bus No. MP 05-A 2727, driven rashly and negligently by its driver, hit motor cycle resulting in serious injuries to both the occupants. They fell from the motor cycle on the road. They were shifted to hospital where they were declared dead.

(3.) Satyabhama Bai filed claim petition for compensation of Rs. 20,00,000 alleging that deceased was 51 years old at the time of accident, was only bread-earner of the family and on account of his death, the family is going to suffer in future. It is also alleged that vehicle was being driven rashly and negligently otherwise accident would not have taken place and that the vehicle (bus) was insured with the New India Assurance Co. Ltd., Third Line, Itarsi. Respondents contested the claim. Driver of the bus alleged that occupants of motor cycle were intoxicated, therefore, they committed the accident. Consequently, he was not liable to pay the compensation. Insurance company has stated breach of policy conditions, therefore, it is not liable to pay compensation. Driver and owner of the vehicle do not support the defence either by appearing as witnesses in their defence or by producing any other evidence. Claimant appeared to support the claim. She states that the deceased was 51 years old at the time of accident. He was going on duty on the motor cycle driven by Chandra Shekhar Tiwari and the same was hit by the bus resulting in the death of both the occupants. At the time of accident, deceased was receiving salary of Rs. 6,893 per month. Pay slip in support of this was filed. She states that she was told by officials of her husband's Department that the motor cycle was hit by the bus. Sanjay Pawar, AW 2, is an eyewitness to the occurrence. He states that bus came from opposite side and collided with the motor cycle. The driver of the bus got down and ran away. Deceased suffered injuries and fell down. They were groaning in pain. Departmental vehicle came within 2/3 minutes, took them to hospital where they were declared dead. From the statement of witnesses, certain things are very clear.