SMT. KIRAN BHAGAT Vs. RAMPRAPAD SOMANI AND OTHERS

JUDGEMENT

(1.) This appeal is filed by the claimant for enhancement of compensation against the award dated 11th Oct., 1991 passed by the Motor Accident Claims Tribunal, Guna, in Claim Case No. 56/89, whereby the learned Tribunal awarded a sum of Rs. 26,000.00 as compensation and held that the respondents No. 1, 2, 4, 5, and 6 are jointly and severally liable to pay the amount of compensation.

(2.) Brief facts of the case are that on 9th Nov., 1986, Matador No. MBH-8430 was coming from Vijaypur to Guna whereas Bus No. MBH 7577 was going from Guna to Indore on A-B Road and at temple of Chintamani Harana, near Indore both the vehicles collapsed and accident took place. Due to the said accident, Gopal Bhagat and his son Sonu died on the spot. It is not in dispute that Gopal Bhagat and his son Sonu were travelling in Matador and the same was being driven by respondent No. 2-Santosh Kumar. Respondent No. 2 Santosh Kumar was driving the said vehicle rashly and negligently and thereby the said accident was occurred. A report was made with the Police Station, Guna vide Crimes No. 479/86 and a Criminal Case under Sections 304-A, 279, 337 and 338 Indian Penal Code. was registered against respondent No. 2.

(3.) The appellant filed a claim petition claiming compensation for a sum of Rs. 26,000.00. During the pendency of the claim petition, the claim amount was enhanced from Rs. 26,000.00 to Rs. 50,000.00. Learned Tribunal after appreciating the oral and documentary evidence came to the conclusion that it is a case of composite negligence and awarded Rs. 26,000.00 as compensation to the appellant with a direction that the respondents No. 1, 2, 4, 5 and 6 are liable to pay the amount of compensation along with interest on an amount of Rs. 11,000.00@ 12% per annum.