BIMLA DUBEY Vs. HIMACHAL ROAD TRANSPORT

JUDGEMENT

(1.) ONE B.D. Dubey was Regional Manager in the H.P. Road Transport Corporation and was posted at Hamirpur. He was going in the jeep No. HPG 387 of the H.R.T.C, driven by its driver Puran Chand to check up a H.R.T.C. bus breakdown on March 3, 1981. The jeep rolled down the hillside. Dubey sustained injuries. He was later admitted to the P.G.I. Hospital, Chandigarh where, unfortunately, he succumbed to his injuries on April 5, 1981. He was about 52 years in age at that time. Bimla Dubey, widow of B.D. Dubey deceased, who was aged 48 years and her two sons Ashwani Dubey, aged about 25 years and Bhuvnesh Dubey, aged about 20 years, made a claim for compensation by filing a petition under Section 110-A of the Motor Vehicles Act, 1939. The petition was resisted in certain respects on behalf of the H.R.T.C. Parties led evidence in the case.

(2.) THE Motor Accidents Claims Tribunal passed an award on May 24, 1984. Against a claim of Rs. 5,00,000/- made by the three claimants, it awarded a sum of Rs. 87,000/-in all with costs and interest at the rate of 6 per cent per annum from the date of the petition till the date of payment. The claimants felt that the amount awarded to them was inadequate. They have filed the present appeal against it.

(3.) THIS issue arose on account of the statement made in the claim petition by the claimants that the H.R.T.C. gave an ex gratia amount of Rs. 29,200/- which was accepted by claimant No. 1 without prejudice to her legal claims, and the reply to it, by the H.R.T.C., that besides medical expenses, the Corporation had given about Rs. 30,000/- to the legal heirs of the deceased which amount had been accepted as full and final settlement by them. The Tribunal took the view that no evidence had been produced by the H.R.T.C. that the petitioner had received the sum of about Rs. 30,000/- in full and final settlement of the claim and further that the issue was not 'argued at the time of arguments'. The issue was answered against the H.R.T.C.