NEW INDIA ASSURANCE CO LTD Vs. BAFATBAI

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act') and the connected appeals, namely, M. A. No. 37 of 1993 (New India Assurance Co. Ltd. v. Chitrakala Agrawal); M. A. No. 38 of 1993 (New India Assurance Co. Ltd. v. Gyanichand) arise out of the same award dated 28. 9. 1992 of the Second Additional Motor Accidents Claims Tribunal, Guna (for short, 'the Tribunal'), in connection with the same accident in which three persons lost their lives and their legal representatives filed three separate claim petitions for compensation. The connected appeal, namely, Misc. Appeal No. 51 of 1993 (Gyanichand v. Surendra Singh) is by dependants of deceased Raj Kumar, who died in the same accident, for enhancement of the amount of compensation awarded by the Tribunal.

(2.) THE bare necessary facts for decision of the four appeals are that on 25. 1. 1987, jeep No. MBN 9531 of which the three deceased were occupants with others met with an accident due to collision with tanker No. MPW 6333 on Agra-Bombay Highway, near Guna. The driver and other occupants of the jeep escaped alive, but Rajendra Kumar, aged 28 years, Bashir Khan, aged 55 years and Raj Kumar, aged 19 years, died in the accident, Three claim cases were filed by the legal representatives of the three deceased and the Tribunal, by the awards under appeal, awarded a total compensation of Rs. 1,50,000/- in favour of the claimants for the death of Rajendra Kumar Agrawal; a sum of Rs. 33,500/-for death of Raj Kumar and a sum of Rs. 97,500/- for the death of Bashir Khan. The amount of compensation was to carry interest at the rate of 18 per cent per annum.

(3.) IN the three connected appeals preferred by insurer of jeep No. MBN 9531, the learned counsel appearing assails the award in all the cases on common grounds discussed herein.