SUNDARBAI Vs. LAXMINARAYAN

JUDGEMENT

(1.) Being aggrieved by the inadequacy of the amount awarded vide award dated 20.12.2000 passed by the Second Motor Accidents Claims Tribunal, Neemuch in Claim Case No. 52 of 1999, whereby the claim petition filed by the appellants has been dismissed, the present appeal has been filed.

(2.) Short facts of the case are that on 4.2.1998 deceased Premchand was returning from Mandsaur after attending the rally by bus No. MP 14-A 4877. This bus was owned by respondent No. 1, driven by respondent No. 2 and insured with respondent No. 4. Premchand was sitting on the roof of the bus and because of electric current, he died. The claim petition was filed by the appellants who are wife and father of deceased.

(3.) The claim petition was opposed by the respondents. Respondent Nos. 1 to 3 submitted the written statements, wherein it was alleged that offending vehicle was insured with respondent No. 4. It is alleged that bus was being driven by respondent No. 2. It is not known in what circumstances Premchand has died. It is also alleged that for the death of Premchand respondent Nos. 1 to 3 are not responsible. It was prayed that the claim petition be dismissed. Insurance company, respondent No. 4, submitted the written statement separately, wherein it was alleged that deceased Premchand was allowed to travel on the roof of the bus, against the traffic rules, therefore, insurance company is not liable. It was prayed that the claim petition be dismissed.