MAHESHWARI TRANSPORT COMPANY Vs. PRITAM KAUR

JUDGEMENT

(1.) THIS order shall also govern the disposal of M.A. Nos. 66 and 127, both of 1974.

(2.) THE material facts giving rise to these appeals are as; follows: claimant No. 1 Pritam Kaur and claimant No. 2 Rajendra Singh submitted an application under Section 110(1) of the Motor Vehicles Act, 1939, hereinafter called the Act, before the Motor Accidents Claims Tribunal, Indore claiming a sum of Rs. 75,000/ - as compensation from the opponents. The claimants' case was that claimant No. 1 Pritam Kaur was the widow and claimant No. 2 Rajendra Singh was the son of deceased Nathasingh. The claimants averred that on 29th April, 1971, at about 9 p.m. Nathasingh was driving his tempo, bearing registration No. M.P O. 9697, and was going towards Indore when the truck bearing registration No. MPO 9977, owned by opponent No. 1 Maheshwari Transport Co., which was going towards Dewas and was driven by opponent No. 2 Mustafa Khan rashly and negligently at the material time, dashed against the tempo causing instantaneous death of Nathasingh. It was: further averred that Nathasingh was about 45 years old and was earning a sum of Rs. 500/ - per month. The claimants, therefore, claimed compensation amounting to Rs. 75,000/ - from the opponents. The claim was resisted by opponents Nos. 1 and 2 inter alia on the ground that Nathasingh, the driver of the tempo, was responsible for the accident as he was at the material time driving the tempo rashly and negligently and attempted to overtake a bullock -cart which was proceeding ahead. The insurance company resisted the claim inter alia on the ground that the maximum liability of the company was limited to the extent of Rs. 20,000/ - for the accident. The Tribunal, after analysing the evidence on record, found that Nathasingh died as a result of the injuries caused to him in the accident which took place when the truck driven by opponent No. 2 dashed against the tempo driven by him. The Tribunal, however, held that deceased Nathasingh was also negligent in trying to overtake a bullock -cart, which was going ahead. The Tribunal, therefore, held that the accident took place on account of negligence of both the deceased and the driver of the truck in question. The Tribunal, therefore, apportioned the liability for negligence between the truck -driver and the deceased and held the truck -driver liable to the extent of 75 per cent only. The Tribunal further found that the deceased was fifty years old at the time when the accident took place and the monthly dependency of claimant No. 1 was Rs. 200/ -. Taking the multiplier to be 15 and reducing the amount by fifteen per cent for lumpsum payment, the Tribunal held that claimant No. 1 was entitled to receive Rs. 23,000/ - along with interest at the rate of six percent per annum, by way of compensation. The Tribunal further found that claimant No. 2 Rajendrasingh had separated from his parents and was entitled to a sum of Rs. 500/ - only as compensation for mental agony. The Tribunal held that the responsibility of the insurance company was limited to the extent of Rupees 20,000/ - only. The Tribunal accordingly passed an award on 12th March, 1974. Aggrieved by this award, the owner and driver of the truck filed an appeal, which is registered as M.A. No. 54 of 1974. The insurance company also filed an appeal, which is registered as M.A. No. 66 of 1974 and the appeal filed by the claimants is registered as M.A. No. 127 of 1974. All these appeals were heard together.