UNITED INDIA INSURANCE COMPANY LIMITED Vs. KAUSHALYA BAI

JUDGEMENT

(1.) THIS order shall govern the disposal of this appeal as well as Misc. Appeal No. 635/99 (M. P. State Road Transport Corporation v. Smt. Kaushalya Bai and 12 Ors. ). Both the appeals arise out of the same award and relate to the same incident and were heard together. Therefore, they are being decided analogously,

(2.) THE facts which led to filing of these appeals narrated in short are that respondents No. 1 to 9 of both the appeals filed a petition under Section 166 of the Motor Vehicles Act, 1988 (henceforth the 'act') stating that they are the legal representatives of deceased Amar Singh. On 2-6-93 deceased Amar Singh was travelling in bus No. MIH-7926 owned by M. P. State Road Transport Corporation, the appellant in M. A. No. 635/99 and driven by Moolchand, the respondent No. 13 in both the appeals. When the bus reached near village Mehatwada, the bus colluded with truck No. MP09-D/5148, owned by Jai Prakash Sharma, respondent No. 10 in both the appeals and driven by Radheshyam, respondent No. 12 in Misc. Appeal No. 635/99 and respondent No. 11 in this appeal and insured with United India Insurance Company, the appellant in this appeal and respondent No. 11 in Misc. Appeal No. 635/99. Because of this collusion some of the passengers travelling in the bus including deceased Amar Singh died.

(3.) THE claimants alleged that deceased Amar Singh who died on the spat, was Assistant Jailer in Sub Jail, Sendhwa. The claimants were dependents on him. At the time of death of Amar Singh his salary was Rs. 3,525/ -. He was to retire in the year 2006. Till his retirement he would have earned salary of Rs. 5,000/- per month and thereafter would have received pension. They claimed a compensation of Rs. 20 Inc.