BHAGWANDAS Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS order shall dispose of this appeal, Misc. First Appeal No. 97 of 1985 (Bhagwandas v. National Insurance Co. Ltd.) and Misc. First Appeal No. 98 of 1985 (Bhagwandas v. National Insurance Co. Ltd. ).

(2.) APPELLANTS in these three appeals are owners of the truck No. CPC 1996 which was involved in an accident on the Agra-Bombay Road, near the bridge of the Asan river, adjacent to the village of Chhoda, about 8 km. from the town of Morena, in the afternoon of 28th February, 1982. Phoola, wife of Ramchandra and their minor son Pappu, (aged 2 years), Rajuka, wife of Ram Prasad and Ramad himself were travelling in the truck as passengers. The truck overturned. Of the aforementioned passengers, Phoola, wife of Ramchandra and their son Pappu and Ram Prasad's wife Rajuka died from the injuries received in the accident. Ram Prasad also received injury.

(3.) RAMCHANDRA filed two claim petitions before the Member of the Motor Accidents Claims Tribunal, Morena, on 26th August, 1982. In Claim Case No. 30 of 1982, Ramchandra claimed Rs. 1,07,000/- as compensation for the death of his wife Phoola (aged 28 years ). In Claim Case No. 31 of 1982, Ramchandra claimed Rs. 1,02,000/- as compensation for the death of his son Pappu (aged 2 years ).