MINAXI Vs. DEEPESH KUMAR

JUDGEMENT

(1.) This appeal has been filed by the claimants-appellants under section 173 of Motor Vehicles Act, 1988 (in short, 'the Act'), for enhancement of the sum awarded to them vide award dated 19.3.2001, passed by learned First Additional Member, Motor Accidents Claims Tribunal, Dhar (MP) in Claim Case No. 43 of 2000.

(2.) On 8.7.1997 the deceased Govind was driving the passenger bus of Aashish Travels, bearing registration No. MP 09-S 1080. The said bus used to ply between Manawar and Indore and at the time of accident it was going towards Indore. The said bus was being driven by deceased Govind as the driver of the bus. He was driving the bus quite cautiously at a controlled speed, observing the relevant traffic rules. In between Marol and Bondwara a mini truck bearing registration No. MP 09-KA 5634 driven by its driver rashly and negligently dashed violently against the aforesaid bus. Due to the accident deceased Govind sustained injuries on head, abdomen and legs. He was taken to Bhoj Hospital, Dhar in the injured condition where he was examined and given treatment and due to severe injuries he was sent to Mittal Nursing Home where he was admitted in ICU, but he could not recover and ultimately succumbed to injuries on 13.7.1997. About 27 passengers of the bus sustained grievous injuries in the accident and out of them 3 died.

(3.) Alleging the aforesaid facts the legal representatives of the deceased preferred a claim petition, claiming a compensation to the tune of Rs. 10,00,000 for the loss suffered by them under different heads, due to the death of deceased Govind in the aforesaid accident. The respondents denied the claim of the claimants. However, the learned Tribunal, after trying the issues, allowed the claim only in part and awarded a sum of Rs. 3,82,000 along with interest at the rate of 9 per cent per annum from the date of application till realisation with the costs of the litigation.