NEW INDIA ASSURANCE CO LTD Vs. BASMATI DEVI

JUDGEMENT

(1.) This appeal is directed against the Award passed on 30th Mar., 1977 by Sri R.C. Ghosh, learned Motor Accidents Claims Tribunal for Calcutta and 24-Parganas in M.A.C. Case No. 177 of 1971 at the instance of the appellant-insurer, New India Assurance Company Limited, which was one of the objectors in the aforesaid claim case filed by the claimant-respondents.

(2.) It was the case of the claimant, in brief, that the deceased Basanta Prosad Yadav, aged about 26 years at the time of the accident on 9th Aug., 1971, was the husband of the claimant-petitioner 1 and son of the claimant petitioner 2 and that he was an employee in the Citizen's Garage of Sri Bhola Singh, the owner of the Jeep No. WBG 6264, at the monthly salary of Rs. 150/- with other allowances. Basanta Prosad Yadav was being carried in that Jeep along with some other mistries on 9-8-71 to attend another vehicle and the said Jeep collided with the Lorry No. WBK 7993 of the Corporation of Calcutta, at the crossing of Motilal Nehru Road and Rash Behari Avenue due to the negligence and rash driving of the vehicles by the driver of the Jeep who was also the employee of the owner of the Jeep and also by the driver of the Lorry belonging to the Corporation of Calcutta. As a result of such collision, Basanta Prosad Yadav fell down from the Jeep and was run over also by the aforesaid Lorry of the Corporation. Basanta Prosad Yadav succumbed to the injuries sustained. The widow of the deceased was to maintain her three children also. The claimants-applicants claimed a compensation for Rs. 50,000/-.

(3.) The opposite party No. 1, who was the owner of the Jeep, filed the written statement holding the driver of the Corporation Lorry responsible for the collision.