BABU LAL Vs. M P E B

JUDGEMENT

(1.) This order shall govern the disposal of M.A. No. 412 of 1990 filed by the claimant Babu Lal and M.A. No. 413 of 1990 filed by Oriental Insurance Co. Ltd. against the award dated 30.8.1990 passed by the IVth Additional Motor Accidents Claims Tribunal, Dhar in Claim Case No. 24 of 1990 whereby compensation of Rs. 2,00,000 was awarded with interest at the rate of 12 per cent per annum.

(2.) It was not in dispute that the truck No. 6369 belonged to non-applicant No. 1, M.P.E.B. and was insured with the nonapplicant No. 4, the Oriental Insurance Co. Ltd. and non-applicant No. 3 Mahendra was the driver.

(3.) The case of the claimants, mother and father of the deceased Lalit Kumar, was that on 9.2.1986 at 3-4 p.m., Lalit Kumar was sitting in the betel shop of Paraskumar. At the instance of the driver Mahendra, Manoharsingh started the truck and reversed it and in doing so dashed it against the betel shop, as a result of which Lalit Kumar sustained injuries and died on the same day. The claimants mother and father filed claim petition (Claim Case No. 24 of 1990) seeking compensation of Rs. 3,10,000. The non-applicants resisted the claim. The insurance company pleaded that the owner violated the terms and conditions of the policy, therefore, it was not liable to pay compensation. It also pleaded that its liability was limited to Rs. 50,000. The Tribunal after recording evidence held that the accident occurred due to rash and negligent driving of the truck by Manoharsingh who drove it at the instance of Mahendra Singh, driver of this truck. The Tribunal assessed the income of the deceased at Rs. 2,000 per month and assessed the dependency at Rs. 1,000 per month and applying the multiplier of 16 awarded compensation of Rs. 2,00,000. The insurance company and the claimants have come up in appeal against the award.