FIROJUDDIN Vs. KALPANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 16. 6. 1987 of M. A. C. T. , West Nimar (Mandleshwar), passed in Claim Case No. 121 of 1985 whereby the claimants-respondents have been awarded a compensation of Rs. 1,65,000/- for the death of Shyam Kumar Sharma in a motor accident on 17. 2. 1985 near culvert of village Jamli. This appeal has been filed by the appellants-non-applicants (including insurance company ). A cross-objection against the award has also been filed by respondents-claimants.

(2.) THIS is not in dispute that the respondents are legal heirs of Shyam Kumar Sharma. The appellant-N. A. No. 1 is owner of motor bus MBU 400, the same was being driven by appellant-N. A. No. 2 at the relevant time and was insured with appellant-N. A. No. 3. Shyam Kumar was working as Assistant Engineer, he was admitted to Choitram Hospital and died on 22. 2. 1985 because of the injuries sustained by him in the accident.

(3.) THE brief history of the case is that Shyam Kumar Sharma was going to Julwania from Newal on motor cycle, one Bhagirath Verma was a pillion rider, they reached the culvert of village Jamli. The motor bus No. MBU 400 came at a high speed and dashed against the motor cycle. Both the persons were thrown away. The motor cycle was also damaged. The driver of the bus took away the bus. Some other persons detected the accident and the matter was reported to the police. During investigation the motor bus No. MBU 400 was also seized and given back to the owner and driver on supurdginama.