SAYADA BAI Vs. BANE SINGH

JUDGEMENT

(1.) DISSATISFIED with the quantum of compensation, the appellants have preferred this appeal under Section 173 of the Motor Vehicles Act against the award dated 15.12.2003, passed by the Additional Member, Motor Accident Claims Tribunal, Kukshi, District Dhar in Claim Case No. 07/2001.

(2.) APPELLANTS are the widow and children of deceased Bhagwan Singh Bhil, who died in a motor accident on 22.9.2000 in village Agar, on being ran over by a bus bearing registration No. MP-09/7262. The said accident was on account of rashness and negligence of its driver Banesingh s/o Gulab Singh (respondent No. 1) for which respondent No. 2 was vicariously liable. The respondent No. 3 being the Insurance Company was also liable under the terms of the policy. A sum of Rs. 6,00,000 was claimed on the ground that as an unskilled labourer, the deceased was earning Rs. 3,000 p.m. and supporting the appellants. Amount was also claimed for funeral and other rites. The respondents resisted the claim and denied that the accident occurred on account of the rashness and negligence of the driver of the vehicle. The Insurance Company also refuted its liability inter alia on the ground that the driver did not have any valid licence and that the vehicle was being plied in breach of the conditions of the policy. On the basis of the evidence adduced the Tribunal held that the death of the deceased occurred on account of the rashness and negligence of the driver respondent No. 1, the bus was insured with the company respondent No. 3, the company was liable to pay compensation as an insurer and that the appellants were entitled to receive Rs. 1,59,000 from the respondents with interest @ 9% p.a. and in the event of failure of the respondents to pay the amount within 2 months, with further interest @ 12% p.a.

(3.) IN the result, this appeal is partly allowed. The appellants are held entitled to recover a total sum of Rs. 2,31,000 from the respondents severally and collectively. The enhanced amount shall bear simple interest @ 6% p.a. from the date of application. The enhanced amount shall be disbursed in accordance with the directions contained in para 15 of the impugned award. There shall be no order as to costs.