SUBRAMANIAM Vs. BANWARI GURJAR

JUDGEMENT

(1.) These appeals have been preferred by the claimants aggrieved by common award dated 19.10.2005 passed by Seventh Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case Nos. 90 and 91 of 2005 dismissing the claim petitions.

(2.) The claimants preferred claim petitions on account of death of S. Kiruwanand aged 27 years, driver in Air Force and Pinto Joseph aged 28 years who was also a driver in the service of Air Force. The claimants submitted that Pinto Joseph was driving motor cycle at about 2.15 o'clock in the night when they were returning from railway station to service camp of Air Force Service Station, Maharajpur. They were going on their side of the road, bus No. MP 07-F 0570 was going ahead, the bus was stopped all of a sudden and without applying the indicators, brakes were applied, due to that the motor cycle on which deceased were travelling, dashed with the bus. Pinto Joseph and S. Kiruwanand sustained injuries, they were taken to J.A.H. Hospital, Gwalior where they were declared dead. On account of death of S. Kiruwanand Claim Case No. 90 of 2005 was preferred by parents aged 45 and 42 years, brother and grandmother. Claim Case No. 91 of 2005 was preferred on account of death of Pinto Joseph by his parents aged 45 and 44 years. It was submitted that Pinto Joseph used to earn a sum of Rs. 7,660 per month, compensation of Rs. 31,47,600 was claimed, whereas S. Kiruwanand used to earn Rs. 8,921 per month and compensation of Rs. 40,14,768 was claimed. The bus was being driven by Banwari Gurjar, owned by Ramnath Singh and insured with New India Assurance Co. Ltd.

(3.) The owner and driver of the bus remained ex parte. The insurer in the reply denied the liability to make payment of compensation on the ground that the deceased Pinto Joseph was negligent. Owner and insurer of the motor cycle were necessary parties. The bus was plied without valid licence, permit and fitness certificate.