OM PRAKASH Vs. MADHAVRAO

JUDGEMENT

(1.) THIS appeal is by the Insurance Company against an award of Rs. 1,20,000/- together with interest at the rate of 6 per cent per annum on account of death of Sanjay aged 21 years in a motor accident.

(2.) BRIEFLY stated the case of the claimants is that Sanjay was their son aged 21 years. The claimants are the parents of deceased Sanjay. On 27.4.1980 Sanjay was travelling in a bus bearing registration No. NLK 2510 for journey from Indore to Bombay. A little ahead of Mhow a truck bearing registration No. MPN 5126 came in high speed from the opposite side and hit Sanjay's head in the window resulting in death of Sanjay. The truck as well as the bus were both insured with the appellant Insurance Company. While Om Prakash was the owner of the truck, Vijay Kumar was the owner of the bus. It is not in dispute that the drivers of the two vehicles were in the employment of the owners and held a valid driving licence.

(3.) THE learned Tribunal held that (i) there was no case of contributory negligence and that the driver of the truck alone was responsible due to his negligence for the accident; (ii) Sanjay paid Rs. 400/- per month to his parents and as such the annual dependency was Rs. 4,800/-; (iii) age of Sanjay was 22 years; and (iv) age of father Madhavrao was 48 years and that of mother was 45 years.