ISMILE Vs. SUBHASHCHANDRA

JUDGEMENT

(1.) THIS order shall also dispose of Misc. Appeal No. 134/83 (Ismile and Ors. v. Tillumal and Others).

(2.) BOTH these appeals are directed against the judgment-A ward dated 8.1.1983 of Motor Accident Claims Tribunal, Shajapur passed in Claim Case No. 4/79 and 5/79 whereby the respondent No. 1 Subhashchandra (in M.A. No. 133/83) and respondent No. 1 Tillumal (in M.A. 134/83) have been awarded a compensation of Rs. 10,250.00 each with a direction of payment of interest @ 1 % per month from the date of filing of application till realisation of the amount with a further direction of payments to be made jointly and severally by appellant Nos. 1 and 2 (i.e. non-applicant Nos. 1 and 2, owner and driver of the bus) and appellant No. 3 - New India Assurance Co.

(3.) SUBHASHCHANDRA Sharma was working as a ticket-examiner. He was on duty at the time of accident. He spent nearly 2,000/- rupees in coming and going to hospital and in making payment for the medicines and such other expenses. He was mentally up-set for a long period. He had to suffer severe pain and mental agony. He; therefore, Claimed Rs. 88,000/- for that. Thus, Subhashchandra Sharma Claimed compensation of Rs. 90,000/-. vide Claim case No. 4/79.