KAILASHIBAI Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) Act, for enhancement of compensation, Appellants-claimants have filed this ap- being aggrieved against the award dated peal under section 173 of Motor Vehicles 17.3.2001 passed by Second Additional Motor Accidents Claims Tribunal, Mandsaur, in Claim Case No. 34 of 2000.

(2.) The brief facts of the case are that on 13.1.2000 deceased Bhanwarnath, a pedlar, was going to village Chisauli which comes under the Police Station, Babina, District Jhansi, on bicycle for selling blankets. He was on the left side of the road. One bus bearing registration No. UAI-702 which was being driven by the respondent No. 3 Mumtaz Khan came and dashed the bicyclist. On account of this dash the bicyclist came under the bus and was crushed and died on spot. The incident was reported to the Police Station, Babina and thereafter a criminal case was registered against the driver of the bus. Respondent No. 2 is the owner of the bus and the said bus was insured with respondent No. 1, insurance company. Claimant No. 1, who is the wife of the deceased and claimant Nos. 2 to 8, who are the minor sons and daughters of the deceased, filed a claim petition before the Motor Accidents Claims Tribunal at Mandsaur. It was contended in the claim petition that the deceased was aged 32 years and was a pedlar doing the business of selling blankets on bicycle in the villages. He was earning a sum of Rs. 5,000 per month from the said business. Therefore, the claimants claimed a compensation of Rs. 6,78,000. Before the Tribunal, the matter was contested by the insurance company only. The insurance company had denied the claim and submitted that the driver of the bus was not having valid and effective licence of driving the vehicle. Therefore, he committed breach of the terms and conditions of the policy. Therefore, the insurance company is not liable for payment of compensation. After considering the evidence, the Tribunal found that the accident took place due to rash and negligent driving of the bus by respondent No. 3 driver and also found proved that the deceased Bhanwarnath died due to said accident and also found that he was earning Rs. 1,500 per month and assessed the dependency at Rs. 1,200 per month, that is, Rs. 14,400 per year and applied the multiplier of 15 and assessed the compensation of Rs. 2,16,000 and thereafter awarded a sum of Rs. 20,000 for loss of consortium, love and affection; and also awarded a sum of Rs. 2,000 towards funeral expenses and thus awarded a total compensation of Rs. 2,38,000 against which the appellants-claimants have filed this appeal seeking enhancement of compensation.

(3.) We have heard Mr. S.V. Dandwate, the learned counsel for respondent No. 1 and perused the record. None was present for the appellants-claimants as also for respondent Nos. 2 and 3.