SANDHYA DUBEY Vs. SHYAM KUMAR

JUDGEMENT

(1.) Both these appeals (M.A. No. 333 of 1993, Sandhya Dubey v. Shyam Kumar and M.A. No. 373 of 1993, Shyam Kumar v. Sandhya Dubey) are being decided by this judgment since they arise out of the same accident. M.A. No. 333 of 1993 has been preferred by the claimants for enhancement of compensation and putting the whole liability for payment of compensation on the insurance company, while M.A. No. 373 of 1993 has been preferred by the owner and driver of the vehicle for reduction of award and putting the liability on the insurance company.

(2.) Mathura Prasad Dubey, husband of Sandhya Dubey and father of Arundhati, Parul and Kaikna was Executive Engineer in Betwa Circle, Irrigation Department, Government of M.P. On 18.5.1989 at 6 a.m., he was going for morning walk. Near Nutan College, minibus bearing registration No. CIC 673, driven rashly and negligently, hit him. He sustained injuries, fell down, became unconscious and was shifted to hospital but died on 20.5.1989. Compensation of Rs. 12,54,872 was claimed. Allegation is that the accident was a result of rash and negligent driving of bus by Kishore Kumar. It was owned by Shyam Kumar and insured with National Insurance Co. Ltd. Claim of non-applicants is that Mathura Prasad Dubey was lying on the road in injured condition, he was taken to the hospital on humanitarian consideration, accident was not caused by the bus, compensation claimed is excessive and liability of the insurance company is limited to Rs. 50,000.

(3.) Claims Tribunal framed five issues on the pleadings of parties. After consideration of evidence, Claims Tribunal held that accident took place as alleged by the claimants, Mathura Prasad Dubey died in this accident on account of the injuries he suffered and claimants are his legal representatives. Compensation of Rs. 2,98,000 is awarded, liability of insurance company limited to Rs. 50,000, rest payable jointly and severally by owner and driver of the vehicle carrying interest at the rate of 12 per cent per annum from the date of application. These appeals arise out of this award.