BAJAJ ALLIANZ GENERAL INSURANCE COMPANY Vs. RESHO DEVI

JUDGEMENT

(1.) By this common Judgment, M.A No. 1140 of 2009 filed by the Insurance Company and M.A. No.925 of 2009 filed by the Claimants of enhancement of compensation amount shall be decided.

(2.) These appeals have been filed against the award dated 16-4-2009 passed by IVth Additional Motor Accident Claims Tribunal, Morena, in Claim Case No.30/2008 by which an amount of Rs.2,97,100/- has been awarded to the claimants and the Owner, Driver and Insurance Company have been held jointly and severally liable to pay the compensation amount.

(3.) The necessary facts for the disposal of the present appeal in short are that the claimants have filed a claim petition under Section 163A of Motor Vehicles Act, on the pleadings that the deceased Ramavtar @ Ramautar aged about 33 years, was coming back in Bus bearing registration No.M.P.06P-0156. The driver of the said bus, by driving the bus in a rash and negligent manner dashed against a tree, as a result of which the Ramavtar suffered fatal injuries and expired on the spot. A F.I.R. was lodged by one Ramvilas on the basis of which, crime No.57/08 was registered by Police Station Joura, Distt. Morena for offence under Section 304 , 279 and 337 of I.P.C. and Ramlakhan, driver of the bus was arrested, the offending bus was seized, the postmortem of the dead body of the deceased Ramavtar was got done and after concluding the investigation, the police filed a charge sheet against Ramlakhan, the driver of the bus. Thus, a claim petition was filed, claiming Rs.23,44,000/- under Section 163A of Motor Vehicles Act.