NATIONAL INSURANCE COMPANY LIMITED Vs. SAHIBA KHATUN

JUDGEMENT

(1.) These three appeals arise out of the award dated 9-8-1994 passed in Claim Case No. 2 of 1990, by the Motor Accidents Claims Tribunal, Sidhi.

(2.) The National Insurance Co. has filed M. A. No. 940/94, Central Coal Fields Limited the owner of Jeep and Dumper have filed M. A. No. 1009/94 while the legal representatives of the deceased have filed M. A. No. 1010/94 for enhancement of compensation of Rs. 3 lacs awarded by the aforesaid award.

(3.) Facts : One Mohosin Raza aged 24 years was employed as Class-II Manager and was drawing Rs. 3660 per month under the employment of the Central Coal FieldsLimited at Singrouli, a registered Government of India Company, the owner of Jeep No. CIE 3176 insured by National Insurance Co.Limited and of the Dumper neither registered nor insured. On 20-8-1989, Mohosin Raza was sitting in the Jeep car driven by Rajkumar, during the course of his employment at the place of his work in the mines area and was giving instructions on wireless to concerned employees. One Dumper No. 55 driven by Ramniwas during the course of his employment with Central Coal FieldsLimited dashed the Jeep standing stationary on the wrong side of the road. As a result of forceful impact the stationary Jeep was crushed, the driver of the Jeep and Mohosin Raza died sitting in the Jeep died at the spot. The legal representatives of Mohosin Raza i.e. widow aged 24 years and old parents filed an application under S. 166 of the Motor Vehicles Act, 1988 (for short the 'Act') to claim compensation of Rs. 20,55,000 for the death of Mohosin Raza caused in accident by the use of two motor vehicles. The claim was contested by the owner of the two vehicles and by the insurer of the Jeep. The driver of the Dumper remained ex parte.