M.P.S.R.T.C. Vs. SHEELA

JUDGEMENT

(1.) THE unsuccessful non -applicants have directed this appeal against the Award dated 27th January, 1992 passed by XIII Additional M. A.C.T., Indore in. Claim Case No. 55/91, thereby, granting compensation of Rs. 1,88,400/ - with interest at the rate of 12% p.a. from the date of filing of the suit till realisation of the amount in favour of the claimant respondent and against appellants.

(2.) FACTS lie in narrow compass. On 11.12.1987 at about 7.30 to 8.00 in the evening, deceased Gangaprasad, husband of respondent No. 1, was coming on his moped from the side of Chimanbagh at Subhash Marg. When deceased Gangaprasad reached the Petrol Pump, at the same time, bus No. MPW 1553, coming from opposite direction, hit the moped of the deceased from the front side and after that collided with some cyclists coming behind deceased Gangaprasad. It was stated in the application that at the time of accident, the bus was driven by the appellant No. 2 Kishanlal, driver rashly and negligently. Appellant No. 1 is the owner of the vehicle. As a result of the accident, Gangaprasad died on the spot and his moped was damaged. Some cyclists also sustained injuries in the alleged accident. The Claim Petition was filed by the respondent for award of compensation, due to death of her husband, in the accident. The claim petition was resisted on behalf of the appellant. Learned Tribunal considering the evidence adduced on behalf of the respondent/claimant, partly allowed the claim petition and awarded the compensation as indicated above. Aggrieved by the award of compensation of the Tribunal, the appellants have filed this appeal.

(3.) THE contentions of the learned Counsel for the appellants is that from the evidence of the claimant, negligence of the bus driver is not proved. Hence, the appellants are not liable to pay any compensation. Other contentions of the learned Counsel for the appellants is that the amount of compensation awarded by the learned Tribunal is on the higher side and requires appropriate modification.