BASANT RANI Vs. RAN SINGH

JUDGEMENT

(1.) Smt. Basant Rani and her minor daughter had filed a claim petition under Section 110-A of the Motor Vehicle Act claiming Rs. 3,00,000/- as compensation on account of death of Suresh Kumar, husband of the claimant No. 1 who died in an accident caused due to rash and negligent driving of Ran Singh, driver of Bus No. DEP-3737. The Bus was owned by respondent No. 2, Krishan Bus Service, Delhi-Hisar Transport Co. (P) Ltd. and was insured with the New India Assurance Co. Ltd.

(2.) The Motor Accidents Claims Tribunal, Rohtak vide its award dated 20.2.1985 had dismissed the claim petition by holding that the accident was not caused due to rash and negligent driving of driver of the Bus. However, the Tribunal had assessed the income of the deceased at Rs. 1,000/- per month and after deducting 1/4 from the income of the deceased as his personal expenses, assessed the dependency of the claimants on the deceased at Rs. 750/- i.e. Rs. 9,000/- per annum. By applying a multiplier of 16, the claimants were held entitled to Rs. 1,44,000/-as compensation on account of death of Suresh Kumar. The liability to pay compensation was fastened on the Insurance Company. However, no compensation was paid to the claimants as the Tribunal had returned a finding that the accident was not caused due to rash and negligent driving of driver of Bus No. DEP-3737.

(3.) Dissatisfied with the award, the claimants have filed the present appeal. The award has been assailed on many counts.