UNITED INDIA INSURANCE CO LTD Vs. NYALDABAI

JUDGEMENT

(1.) THIS appeal is directed against the award dated 9. 7. 1990 passed by M. A. C. T. , Dhar, in Claim Case No. 8 of 1987 whereby the claimant-respondent Nos. 1 to 8 have been awarded a compensation of Rs. 3,00,000/- with interest at the rate of 12 per cent per annum from the date of application till realisation of the same for the death of Sitaram who was the husband of respondent No. 1 and father of respondent Nos. 2 to 8 and died in a motor accident on 11. 1. 1987 near village Thapla of District Dhar. The appellant and the respondent No. 9 have been jointly and severally held responsible for payment of compensation. This appeal has been filed by the insurance company against the quantum of compensation and is further questioning the liability imposed on it.

(2.) THE brief history of the case is that deceased Sitaram was engaged in the business of purchase and sale of cattle including goat, she-goat, buffalo and she-buffalo. On the date of incident, he had hired the motor Matador (mini truck) for carrying the load of cattle purchased by him. The motor vehicle, Matador No. CIF 5917, was owned by one Babukhan, respondent No. 9 here and was insured with insurance company (appellant here ). Chagan and Dhannalal were also sitting in that Matador. Sitaram was in the rear portion of the Matador. Respondent No. 9 himself was driving the vehicle. He drove it rashly and negligently. It stopped near village Thapla, Sitaram tried to step down out of the vehicle but without caring as to whether Sitaram got down or not the driver moved the vehicle towards back side. The driver reversed the vehicle without blowing horn. Sitaram was crushed by the motor vehicle and he died on the spot. The matter was reported to the police. Autopsy on the body of Sitaram was conducted. After investigation, challan under Section 304-A, Indian Penal Code, was filed against Babukhan.

(3.) THE claimants filed claim petition for getting compensation of Rs. 3,07,800/-mainly on the ground that Sitaram was earning nearly Rs. 2,500/- from the business of cattle. He was aged about 35 years. He was also earning from agriculture.