RAI BEWA Vs. BINAYA KUMAR JAIN

JUDGEMENT

(1.) THE claimants in these two appeals which arise out of two proceedings under Section 110 -A of the Motor Vehicles Act (Misc. Case Nos. 3/K of 1978 and 4/K of 1978) are the legal representatives of late Khandeswar Munda and Gouranga Mohanto, who were travelling in the truck bearing registration No. CRU 8854. It is alleged that they were coolies in the truck. Due to the rash and negligent driving of the vehicle, it capsized and Khandeswar and Gouranga died. The owner denied the rashness and negligence on the part of the driver and pleaded that the accident was due to circumstances beyond the control of the driver, namely, the tyre accidentally burst. As a result of which, the truck went to right side and overturned. Insurance on the relevant date was admitted by the insurer. It pleaded that inasmuch as the deceased were coolies in the vehicle, the maximum liability of the insurance company was Rs. 13,500/ - under the Workmen's Compensation Act.

(2.) THE Tribunal recorded a finding that the accident took place on account of the rash and negligent driving and the insurer was liable to bear the compensation. The Tribunal, however, granted Rs. 10,395/ - in Misc. Case No. 3/K of 1978 and a sum of Rs. 5,000/ - in Misc. Case No. 4/K of 1978 taking into account the incomes of the deceased and their probable contribution to the maintenance of the legal representatives.

(3.) THE contention of the learned Counsel has substance. When the deceased were workmen, they were entitled to compensation under the Workmen's Compensation Act. Inasmuch as each of the deceased was having an income of Rs. 150/ - per month, compensation available to be awarded under the provisions of Workmen's Compensation Act was Rs. 13,500/ - in each of the cases. I, therefore, modify the award passed by the Tribunal accordingly and direct that the insurer, New India Assurance Company Limited, shall pay to the claimants in each of the appeals a sum of Rs. 13,500/ - (Thirteen thousand five hundred). The amount shall carry interest at the rate of 6 per cent per annum from the date of application. Unless entire amount is paid within two months from today, the amount awarded as compensation shall carry interest at the rate of 12 per cent per annum from the date of application till payment.