NEW INDIA ASSURANCE CO. LTD Vs. BIMLA

JUDGEMENT

(1.) THIS judgment of mine shall dispose of a bunch of 16 connected appeals, i.e. F.A.O. Nos. 1928 to 1932, 1934 to 1940 and 1942 to 1945 of 2008 having arisen out of the judgment dated 20.12.2007 passed by the Motor Accident Claims Tribunal, Jind, awarding compensation as under :- Case No. & Title Compensation MACT Case No. 170 of 2004, Bimla Devi v. Raj Kumar and others Rs. 19,000/- MACT Case No. 171 of 2004, Mani Ram and another v. Raj Kumar and others Rs. 1,68,800/- MACT Case No. 51 of 2005, Bimla v. Raj Kumar and others Rs. 19,000/- MACT Case No. 17 of 2005, Mohan v. Raj Kumar and others Rs. 19,000/- MACT Case No. 50 of 2005, Sandeep (minor through his natural guardian and father) v. Raj Kumar and others Rs. 14,000/- MACT Case No. 14 of 2005, Seema v. Raj Kumar and others Rs. 19,000/- MACT Case No. 16 of 2005, Sarbati Devi v. Raj Kumar and others Rs. 19,000/- MACT Case No. 54 of 2005, Parmeshwari Devi v. Raj Kumar and others Rs. 13,800/- MACT Case No. 55 of 2005, Hawa Singh v. Raj Kumar and others Rs. 2,52,000/- MACT Case No. 53 of 2005, Miss Kavita v. Raj Kumar and others Rs. 14,000/- MACT Case No. 52 of 2005, Ram Singh and others v. Raj Kumar and others 2,36,000/- MACT Case No. 32 of 2005, Kamla v. Raj Kumar and others Rs. 2,09,200/- MACT Case No. 78 of 2005, Ompati v. Raj Kumar and others Rs. 20,000/- MACT Case No. 13 of 2005, Parmeshwari Devi v. Raj Kumar and others Rs. 40,000/- MACT Case No. 15 of 2005, Bhateri Devi v. Raj Kumar and others Rs. 19,000/- MACT Case No. 79 of 2005, Nanki v. Raj Kumar and others Rs. 19,000/-

(2.) ALL the claimants were also awarded interest @ 7.5% per annum from the date of filing of the claim petition till realization.

(3.) BRIEFLY stated the facts of the case leading to the accident are that on 18.11.2004, claimants Bimla Devi, Sarbati, Sheela, Angoori, Kamla, Bhateri, Parmeshwari, Kalawati and other agricultural labourers had gone to the fields of Mahender Teli in village Danoda Khurd for plucking cotton buds. They were working on daily wage basis. The transport for carrying agricultural labourers was to be provided by the owner. After plucking cotton buds from the fields, they were returning to village Narwana from village Danoda Khurd by boarding Farmtrac-30 tractor trolley bearing engine No. 2017424 and Chassis No. 2017166, which was later on registered at registration No. HR-22-8372. The respondent No. 1 while driving the said tractor trolley rashly and negligently reached some distance ahead of village Danoda Khurd towards Narwana, then all the occupants of the tractor trolley spotted a big truck parked on its correct side of the road and a tyre was also placed on the road for communicating about its going out of order. The respondent No. 1 did not notice the said tyre and consequently struck against the tyre, resultantly the trolley turned turtle, all the agricultural labourers travelling in the trolley suffered multiple injuries. Out of the said injured, three ladies namely Sheela, Kalawati and Angoori had died, whereas, the others were treated for the injuries. The FIR regarding the aforesaid accident was lodged against the respondent No. 1. Eventually, 16 claim petitions were filed by the different claimants either for the death or the injuries suffered by the injured respectively.