SOMIBAI Vs. VIJAY RAM TYAGI

JUDGEMENT

(1.) This order shall govern the disposal of Misc. Appeal Nos.1370/2011 and 104/2014.

(2.) In brief facts of the case are that on 9/5/2009 deceased Rajendra Singh, who had come to the house of his sister at Raptapura, to go back to his house was standing on the road side, at that time at about 4:00 pm infront of house of Dataram Kushwah on Morena-Ambah road, respondent No.2 came driving the Tata Sumo Vehicle bearing registration MP 06 BA0186 which was in the ownership of respondent No.2 rashly and negligently and dashed deceased Rajendra Singh. Due the said accident, Rajendra Singh died on the spot. In regard to the accident, report was lodged by Dataram at Police Station Dimni for the offence punishable under Sec. 304-A of IPC. Postmortem was conducted. After investigation, charge-sheet was filed. Rajendra was aged about 32 years and before the accident he used to earn Rs.74,000.00 per annum from agriculture and selling milk. Claimant No.1 Somi Bai is his wife and claimants No. 2 to 5 are his children while claimant No.6 is his mother. All the claimants were dependents on the earnings of deceased. Due to the accident, they have become hand to mouth. Claimants preferred application under Sec. 166 of Motor Vehicle Act seeking compensation and adduced oral and documentary evidence. Learned Tribunal awarded a sum of Rs.4,39,500.00 as compensation to the claimants and exonerated Insurance Company to pay the compensation.

(3.) M.A. No. 1370/2011 has been filed by the claimants on the ground that the quantum of compensation awarded by the Tribunal is on lower side and the learned Tribunal has erred in exonerating the insurance company to pay the compensation while M.A. No. 104/2014 has been filed by the owner of the offending vehicle on the sole ground of shifting the liability to pay compensation from owner and driver to Insurance Company.