KALKAPRASAD Vs. DILIP KUMAR PAL

JUDGEMENT

(1.) These two appeals M.A. No. 223 of 2001 (Kalkaprasad v. Dilip Kumar Pal) and M.A. No. 224 of 2001 (Neetu Suryawanshi v. Dilip Kumar Pal), are proposed to be decided by this judgment since they arise out of the same accident and common award, though Kumari Neetu Suryawanshi has filed separate appeal (M.A. No. 224 of 2001) and the appellants Kalkaprasad and Kantibai have filed M.A. No. 223 of 2001 for enhancement of compensation for personal injuries to them and death of their son, Satish.

(2.) On 22.7.1996, at about 9 p.m., the accident took place when jeep bearing registration No. MP 28-A 157, driven rashly and negligently by Dilip Kumar Pal, driver/owner of the same, fell into a ditch. The occupants of the jeep, Kalkaprasad, Kantibai and Neetu suffered personal injuries while Satish died on the spot. The claimants filed claim petitions seeking compensation for personal injuries and death of Satish alleging rash and negligent driving of the jeep by its owner/driver. The owner/driver alleged mechanical failure to be the cause of accident, while the insurance company denied liability for the payment of compensation.

(3.) Claims Tribunal held that the accident took place as alleged and resulting in personal injuries to some of them and death of Satish. Accordingly, compensation of Rs. 28,000 has been awarded to Kalkaprasad, Rs. 4,000 to Kantibai, Rs. 2,10,000 for injuries to Neetu and Rs. 1,19,400 for the death of Satish. Liability of insurance company has been restricted to Rs. 1,00,000 in case of Neetu and Satish.