DHARAMVIR SINGH PUNJABI Vs. RAGHUVAR

JUDGEMENT

(1.) THESE two appeals arise out of the same judgment and award dated 22. 11. 1994 passed by the Motor Accidents Claims Tribunal, Shivpuri, whereby the Tribunal has awarded compensation to the extent of Rs. 82,000/- against the owner of the vehicle and the insurance company. The liability of the insurance company was limited to Rs. 50,000/- according to law. Rest of the amount was to be paid by the owner of the vehicle involved in the accident.

(2.) FACTS of the case are that on 14. 9. 86, the tractor No. CPW 9504 was being taken for bringing bajri, a commercial purpose. The deceased Sarupibai, wife of the claimant Raghuvar was taken on the same tractor as a labourer on contract to load bajri at a particular spot. On the way, while going towards that spot, Sarupibai fell down from the tractor. The wheels of the tractor crushed her and she died on the spot. A claim of Rs. 3,20,000/- was made by the husband of the deceased. The same was contested by the owner, driver and the insurance company. The Tribunal framed necessary issues and held that according to fair calculation, the claimant was entitled to Rs. 82,000/- as compensation. Rs. 72,000/- was against the loss of life and Rs. 10,000/- was for mental agony and consortium.

(3.) M. A. No. 77 of 1995 was filed by the owner and driver of the vehicle who are father and son. The other appeal M. A. (MM) No. 84 of 1995 was filed by the insurance company. These two appeals are connected. They are taken up together and are being disposed of by this common judgment. M. A. No. 77 of 1995 shall be the leading case.