MUNNIBAI Vs. SUBHASH SINGH

JUDGEMENT

(1.) THE appellant has filed this appeal for enhancement of the amount of compensation awarded by the Motor Accidents Claims Tribunal, Jabalpur, in Motor Vehicles Case No. 90/79, decided on 21 -4 -1980. The respondents 1 and 2 have also filed cross -objection and pray for dismissal of the claim in entirety.

(2.) THE claim of the appellant Mst. Munnibai and her minor son Lal Singh was that they were the dependents and are the legal representatives of late Nawabsingh. On 19 -7 -1977, Bus No. C.P.J. 3424 belonging to the respondent No. 1, was driven by the respondent No. 2, and was insured with the respondent No. 3. About 15 miles away from Shahpura to Jabalpur, the respondent No. 2 tried to take -over another bus belonging to Sharadnarayan and driven by Kewal son of Tulsiram (D.W. 5). The deceased was going towards Shahpura from Jabalpur on a bicycle who was dashed by the bus of the respondent No. 1 and was killed in the said accident. Nawabsingh was going on his left side of the road.

(3.) THE respondents alleged that it was, in fact, Nawabsingh who came all of a sudden on the road in front of his bus; hence, the respondents are not responsible for the accident which had taken place.