NATIONAL INSURANCE CO LTD Vs. NAUSHAD

JUDGEMENT

(1.) This appeal is directed by the non-applicant insurance company against the award dated 17.6.94 passed by 12th Additional Motor Accidents Claims Tribunal, Indore, in Claim Case No. 5 of 1993 whereby compensation of Rs. 7,70,000 was awarded with interest at the rate of 12 per cent per annum.

(2.) It was not in dispute that in the night of 3/4.9.1989, a Tempo bearing registration No. MBF 2433 met with an accident resulting in the death of Shelendra, the husband of respondent-claimant No. 3 and father of respondent No. 4 and son of respondent-claimant Nos. 5 and 6.

(3.) The case of the claimants was that in the night intervening 3/4.9.1989, the deceased Shelendra Gupta was going on his scooter. When he reached M.G. Road near Gurudwara (Indore), the respondent No. 2 came there driving the aforesaid Tempo rashly and negligently and hit Shelendra Gupta, as a result of which he died on the spot. At the time of incident the age of the deceased Shelendra was 29 years. He was serving in Drug India Private Limited, Ghata-Billore, on the salary of Rs. 3,300 per month. The claimants filed claim case for award of compensation of Rs. 21,80,000 as under: For the loss caused to claimant Nos. 2 and 3 For loss to claimant Nos. 3 and 4 For loss of consortium For mental agony-and pain Rs. 18,00,000 Rs. 3,00,000 Rs. 30,000 Rs. 50,000 The claimant Nos. 2 and 3 absented themselves and were proceeded ex pane. The appellant-respondent No. 3 resisted the claim and averred that the accident occurred due to rash and negligent driving of the scooter by the deceased himself. It was also pleaded that the liability of the insurance company was limited to Rs. 50,000. The Tribunal after recording evidence held that the accident occurred due to rash and negligent driving of the aforesaid Tempo. It negatived the plea of the appellant that its liability was limited up to Rs. 50,000 and awarded Rs. 7,70,000 and directed the appellant to pay the same with interest at the rate of 12 per cent per annum. Hence, this appeal by insurance company.