SUMITRA SANA Vs. RAMSAKHA CHOURASIA

JUDGEMENT

(1.) Out of these four appeals, three appeals arise out of Claim Case No. 30 of 2004 and M.A. No. 1874 of 2006 arises out of Claim Case No. 28 of 2004.

(2.) The appellants are aggrieved by common award dated 13.1.2006 passed by Fifth Additional M.A.C.T. (Fast Track), Satna. In an accident dated 17.5.2004 when the deceased Samreen Sana was travelling in bus No. MP 17-A 4835, it collided with JCB machine. Bus was driven by Ramsakha Chourasia, owned by Prahlad Singh and insured with Oriental Insurance Co. Ltd. whereas JCB machine was driven by Rajesh Maruti. It was owned by Ramakant Pandey and insured with New India Assurance Co. Ltd.

(3.) The Claim Case No. 30 of 2004 was filed by widow of late Samreen Sana. Deceased was senior engineer. Claimants alleged negligence of driver of the bus. Bus was driven in a rash and negligent manner as per claimants. Age of deceased Samreen Sana was 26 years. Salary of the deceased was Rs. 25,000 per month. He was in the service of Tata Telecom Service Ltd. at New Delhi. He used to pay Rs. 16,667 per month for household expenses. Total compensation of Rs. 46,45,072 was claimed under various heads.