NEW INDIA ASSURANCE CO LTD Vs. VISHWA BHANDHU

JUDGEMENT

(1.) ON March 22, 1984 Aruna Aggarwal wife of the claimant Vishwa Bandhu, their son Deepak and two others Ashish, and Ashok Kumar were coming from Jammu and going towards Moga in a car. When the car reached village Ghasitpur, truck No. PBE 77s2 driven by Baljit Singh respondent came from the opposite side. In the head on collision that followed Aruna Aggarwal, Deepak and Ashok Kumar were killed whereas Ashish was admitted to hospital with serious injuries. Various claim Petitions were thereafter filed, they being M. A. C. T. Case No. 16 of 1984 filed by Vishwa Bandhu and Vaneet Aggarwal, the husband and minor son of the deceased Aruna Aggarwal for the death of Aruna Aggarwal and M. A. C. T. Case No. 18-A of 1984 filed by Vishwa Bandhu claiming compensation for the death of his son Deepak. Two other claim petitions were also filed by the dependents of the other Victims but they are not relevant for the disposal of this appeal.

(2.) RESPONDENT Nos 1 and 2 that is the driver of the truck and the New India Assurance Company filed separate replies wherein it was denied that any mishap had taken place as alleged or that the truck No. PBE 7752 was being driven in a rash and negligent manner. It was further pleaded that in case it was found that the accident had taken place it was due to the rash and negligent driving by the car driver. It was however admitted that truck No. PBE 7752 had been insured with the appellant-New India Assurance Company.

(3.) ON a consideration of the evidence, the Tribunal came to the conclusion that the accident had taken place on account of the rash and negligent driving of the truck by Baljit Singh and for arriving at this conclusion, the Tribunal relied primarily on the evidence of Bhahadur Singh AW. The Tribunal then went into the question of the compensation to be awarded with respect in each of the claim petitions and came to the conclusion that the claim petitions with regard to Aruna Aggarwal and Deepak were liable to be allowed. The Tribunal accordingly granted a sum of Rs. 80,000.00 to Vishwa Bandhu and Rs. 30,000.00 to Vineet making a total of Rs. 1,10,000.00 to the husband and son of Aruna Aggarwal, respectively, for the loss suffered by them on account of her death on the premise that she had been serving them to the June of Rs. 400.00 to Rs. 500.00 per mensem. The Tribunal also too. into consideration that some amount would have been spent by the family on the treatment of Aruna Aggarwal between the date of the accident i. e. March 231, 1984 and the date of her death i. e. April 28, 1984. The present appeal has been filed by the New India Assurance Company in MACT Case No. 16 of 1984, whereas cross-objections have been filed in this appeal by the claimants. Both these matters are being disposed of by this judgment.