SAMEER Vs. M P STATE ROAD TRANS

JUDGEMENT

(1.) Both these appeals (Misc. Appeal No. 489 of 2000 and Misc. Appeal No. 490 of 2000) (Sameer v. Madhya Pradesh State Road Trans. Corpn.) are proposed to be decided by this judgment since they arise out of the same accident and common award dated 30.8.1999 passed by the Claims Tribunal, Barwaha in Claim Case Nos. 23 and 24 of 1994.

(2.) Accident took place on 20.12.1993 at 9.30 a.m. on Indore-Khandwa Road near village Padali when bus No. MBH 6912 owned by Madhya Pradesh State Road Transport Corporation, Ratlam Depot, driven by Nabi Noor, hit jeep No. MP 09- S 0191 in which Kundabai (mother) and Ramesh Buzruk (father) of claimants (children) were travelling. The jeep was owned by Chhotelal and insured with Oriental Insurance Co. Ltd. Allegation is that bus was being driven rashly and negligently which resulted in the accident and death of mother and father of claimants on the spot. Accident was reported at Police Station, Balvada and case under sections 337/ 304-A, Indian Penal Code was registered against the bus driver, under consideration before the Judicial Magistrate 1st Class, Badwaha being Criminal Case No. 777 of 1993. At the time of accident Kundabai was 49 years old while Ramesh Buzruk was 54 years and both were just in good health. Ramesh was earning Rs. 1,00,000 per annum from the business of pest control while Kundabai Rs. 2,000 per month through beauty parlour. On account of the death of deceased, the claimants have been left without income, love and affection. Therefore, compensation of Rs. 3,00,000 (mother) and Rs. 6,00,000 (father) has been claimed. Owner and driver did not contest the claim, therefore, proceeded ex parte, M.P.S.R.T.C. denied the allegation that the bus was being driven rashly and negligently, thereby hitting the jeep in occupation of the deceased. The accident took place due to negligence of the jeep and occupations of both mother and father have been disputed. Therefore, it is stated that claim be dismissed.

(3.) Oriental Insurance Co. Ltd. alleges that accident took place due to rash and negligent driving of bus by the driver and jeep was not responsible for it. The occupations of parents stated by the claimants are imaginary. Jeep driver did not possess valid driving licence and as such violated conditions of insurance policy, therefore, compensation is not payable by it.