HIMACHAL ROAD TRANSPORT CORPORN Vs. RAMKU

JUDGEMENT

(1.) APPELLANT is aggrieved with the award dated 1.11.1996, passed by learned Motor Accidents Claims Tribunal, Solan. Vide impugned award in M.A.C. Petition No. 22 -S/2 of 1994, titled Ramku v. Managing Director, Himachal Road Transport Corporation, compensation has been awarded in the sum of Rs. 3,10,000 with interest at the rate of 6 per cent per annum from 23.12.1993 to 5.9.1994 and from 9.4.1996 till the date of payment, provided the compensation was to be indemnified by the respondent No. 1 on or before 20.12.1996. (Reason for disallowing interest from 5.9.1994 to 8.4.1996 given is that during this period file remained consigned to the records, as it was dismissed for default on 5.9.1994). In case, the appellant failed to pay the awarded amount, as aforesaid, it was to carry interest at the rate of 12 per cent per annum with effect from 10.12.1993.

(2.) FACTS as they emerge from the record are that deceased Mathra was the resident of village Ser -Par -Deora in Tehsil -Arki, District Solan. He was 65 years old. Ramku is his first wife. He married for the second time with Ganga Devi. From this second marriage, he had three daughters who are respondent Nos. 3 to 5 in this appeal. It is the case of respondent Nos. 1 to 5 that on the fateful day, i.e., 13.6.1993, deceased Mathra was travelling in the bus bearing registration No. HIA 1192. This bus was of Himachal Road Transport Corporation, the appellant, Hans Raj was its driver and Jagdish Chand was its conductor.

(3.) DECEASED was the sole breadwinner so far respondent Nos. 1 to 5 are concerned. Thus, on account of his death, they have been left high and dry. As such, it was pleaded by respondent Nos. 1 to 5 that they were entitled for Rs. 10,00,000 as compensation. Deceased was working as a cobbler in his village besides earning from his agricultural pursuits as per these respondents.