SHEELA DEVI Vs. TEJWANT SINGH

JUDGEMENT

(1.) THIS is an appeal filed by appellants -claimants for enhancement against the award passed by the learned Motor Accidents Claims Tribunal, Shimla, (hereinafter referred to as 'the learned Tribunal ') on 12.7.2004, vide which a sum of Rs. 5,00,000 was awarded as compensation in favour of the appellants -claimants and as against the respondents.

(2.) BRIEFLY stated the facts of the case are that the appellants as claimants filed a claim petition under section 166 of the Motor Vehicles Act as against the respondents claiming compensation on account of death of Prem Singh in an accident which took place on 27.10.2000. It was alleged that the deceased was travelling in the illfated bus bearing No. HP 25 -0783 and the vehicle was being driven in a rash and negligent manner by the respondent No. 2, driver of the bus. The deceased fell down from the back window of the bus, received multiple injuries and died in hospital on 31.10.2000. The income of the deceased was alleged as Rs. 5,000 per month from the agricultural operations as well as from the work of a labourer. His age was alleged as 35 years and petitioner No. 1, being the widow of the deceased and petitioner Nos. 2 and 3, being minor daughter and son of the deceased, had claimed compensation to the extent of Rs. 10,00,000 from respondent No. 1, the owner of the bus, respondent No. 2, driver of the bus and from respondent No. 3 being the insurance company with which the bus was insured.

(3.) PARTIES led evidence and the learned Tribunal, vide its impugned judgment, allowed the petition holding that the bus was being driven in a rash and negligent manner by respondent No. 2, the driver of the bus. The claim petition was allowed in favour of the claimants and as against the respondents for a sum of Rs. 5,00,000 along with interest at the rate of 9 per cent per annum from the date of the petition till the date of payment.