NEW INDIA ASSURANCE CO Vs. BASANTI

JUDGEMENT

(1.) THE matter here concerns the accident which resulted in the death of Sher Singh and the award of Rs. 18,000 as compensation to the claimants, they being his parents, brother and sisters.

(2.) SHER Singh, deceased, had been run over and killed by the bus DLP-5809. This happened on September 28, 1976. A finding of rash and negligent driving had been returned by the Tribunal against the bus driver, Joginder Singh. The liability for payment of the amount awarded as compensation was fastened upon the owners of the bus, the Krishna Bus Service (P.) Ltd. as also the insurance company, the New India Assurance Company, with which the bus stood insured.

(3.) THE controversy raised in appeal now is with regard to the liability of the owners and the insurance company. The claimants, on the other hand, sought enhanced compensation to the extent claimed, namely, Rs. 25,000.