LAWS(P&H)-1992-12-71

PALA RAM Vs. SANTOSH RANI

Decided On December 01, 1992
PALA RAM Appellant
V/S
SANTOSH RANI Respondents

JUDGEMENT

(1.) THIS order will dispose of F.A.O. No. 1210 of 1991 and 1353 of 1992 as both the appeals have arisen from an award dated 17.8.1991 whereby a sum of Rs. 1,92,000/- was awarded to the claimants as compensation to be paid by the Driver and owner of the offending vehicle, i.e., Jeep No. HNN 285 F.A.O. 1210 of 1991 has been filed by the driver and the owner of the Jeep No. HNN 285 on whom the liability to pay compensation has been fixed whereas FAO 1353 of 1991 has been filed by claimants for enhancement of the compensation.

(2.) THE challenge to the award is that liability of the driver and the owner has been wrongly fixed as the accident had not occurred due to the rash and negligent driving of the Jeep driver. Another plea is that the monthly dependency and earning capacity of the deceased has not been properly assessed by the Motor Accident Claims Tribunal. The background which led to the filling of these appeals is that a claim petition under Section 110-A of the Motor Vehicles Act was filed by Santosh Rani (who is respondent in FAO 1210 of 1991) for herself and on behalf of her minor children and the parents of the deceased namely Narain Das and Parmeshwari Bai, seeking compensation of Rs. 5 lacs on account of death of Bhim Sen. The accident in which Bhim Sain, husband of Santosh Rani died had taken place on 3.3.1989 in the area of Hissar.

(3.) THE claimants had asserted in the claim petition that the deceased was an expert electrician and was specialist in electric motor winding. He used to contribute Rs. 1500/- per month to his family for house-hold expenses. According to the claimants, they had spent Rs. 15,000/- on his treatment, medicines, nursing, hospitalisation and transport etc. The claimants had also spent Rs. 5.000/- on the performance of the last rites of the deceased. Besides the pecuniary loss, the claimants have suffered mental agony and damages.