NANDINI VERMA Vs. DEVENDRA NATH

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Betul, in M.A.C. No. 29 of 1999, dated 4.5.2001.

(2.) Nandini Verma (wife) and Shree Verma alias Bittu (minor daughter) have filed claim before the Motor Accidents Claims Tribunal, Betul, for compensation of Rs. 70,59,771 on the death of Shyam Sunder Verma in a motor accident on 26.9.1996. He was travelling by bus No. CR 13-3426 from Cuttack to Jagdalpur, where he was posted as Junior Scientist in Zonal Agricultural Research Centre under Indira Gandhi Agricultural University, Raipur, when he was run over by the bus having fallen down from it. Allegation is that the accident occurred due to rash and negligent driving by Devendra Nath who did not stop the bus despite requests by the deceased to enable him to vomit and when he could not resist, he started vomiting through the window of the bus and the driver applied brakes all of a sudden as a result of which the deceased fell down from the bus and was run over by it. The bus was owned by Sushila Sahu and was insured with New India Assurance Co. Ltd. The family was depending on him for survival. With this accident, they lost the sole bread-earner of the family.

(3.) Owner and driver did not contest the claim after filing the written statement and were proceeded ex pane on 10.10.1998. Insurance company stated that the driver and conductor are jointly and severally liable for the claim and the deceased ought to have been careful in the moving bus which was being driven against the terms and conditions of the insurance policy.