NATIOANL INSURANCE CO LTD Vs. RANJANA BHATNAGAR

JUDGEMENT

(1.) - Both these appeals have been filed under section 173 of the motor Vehicles Act, 1988, against the award dated 24. 7. 2002, passed by the third Additional Motor Accidents Claims tribunal, Gwalior in Claim Case No. 67 of 2001. M. A. No. 720 of 2002 has been filed by the insurance company and M. A. No. 739 of 2002 has been filed by the claimants. Because both the appeals have been filed against the same award, hence, both the appeals have been taken together and heard finally and disposed of by this common order.

(2.) ON 5. 2. 2001, Vijay Bhatnagar had been going to Shivpuri from Gwalior in a bus of Madhya Pradesh State Road Transport Corporation. It was dashed near Sim-ariya Tiraha, Ghatigaon by a truck bearing registration No. MP 07-G 3742. Due to the aforesaid accident, the driver and other passengers died. Vijay Kumar Bhatnagar received serious injuries and fracture in his spinal cord, a fracture in tibia and fibula of left leg, fracture in collar bone, he also received injuries on his head. He was admitted at Indian Spinal Injuries Centre, delhi and died on 22. 5. 2001. After death the claimants, who are wife, daughter and son of the deceased, filed a claim application before the Claims Tribunal claiming total compensation of Rs. 30,00,000.

(3.) THE claimants pleaded that deceased had been working at the relevant time as manager of Shivpuri-Guna Gramin Bank. His pay was Rs. 16,111. He was aged about 44 years. Due to the injuries suffered by him in the accident, he had died. It is further stated that he was operated at Indian spinal Injuries Centre, Delhi for injuries on his spinal cord, however, he could not recover from the said injuries. It has been admitted by the insurance company that the offending vehicle was insured by the insurance company at the relevant time.