VIMAL DUBEY Vs. BHAGWAN SINGH

JUDGEMENT

(1.) This appeal is preferred by appellants-claimants against the award dated 2.1.2001 passed by Eighth Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 62 of 1996 for enhancement of compensation amount.

(2.) The admitted facts are that Bhagwan Singh, respondent No. 1, was driver of the truck No. CIW 9039; Dara Singh, respondent No. 2, was the owner and National Insurance Co. Ltd., respondent No. 3, was insurer of above said truck on the date of incident. Respondent No. 4 was the driver of Tatamobile No. MP 07-B 6843, Usha Pawaiya, respondent No. 5, was owner and United India Insurance Co. Ltd., respondent No. 6, was insurer of above said Tata-mobile on the date of incident. Accident occurred on 20.6.95. Deceased Bhagwanlal Dubey was travelling in a Tatamobile No. MP 07-B 6843, and truck No. CIW 9039 dashed against the said Tatamobile and Bhagwanlal Dubey got injuries in the incident and succumbed to the injuries. It has been held by learned Tribunal that accident occurred due to rash and negligent driving of truck driver Bhagwan Singh and respondent Nos. 1 to 3 are liable to pay compensation to appellants-claimants to the tune of Rs. 2,27,000 with 12 per cent interest.

(3.) As pleaded by appellants-claimants that they were dependants of the deceased Bhagwanlal Dubey and deceased Bhagwanlal Dubey was 43 years of age. He was working in JC Mills, Birla Nagar, Gwalior as Fitter and was earning Rs. 2,300 per month and by deploying security, he was earning Rs. 3,000 per month. His total income was Rs. 5,300 per month. Out of earnings, the deceased Bhagwanlal Dubey used to spend amount on the maintenance of appellants-claimants and in future, he could have earned Rs. 6,000 per month. Accident occurred due to rash and negligent driving of the respondent No. 1. The respondent No. 2 was the owner and respondent No. 3 was insurer of the offending vehicle. Respondent Nos. 1 to 3 are jointly and severally liable to pay compensation amount of Rs. 11,92,000 to the appellants-claimants.