NEW INDIA ASSURANCE CO LTD Vs. SAVITRI DEVI

JUDGEMENT

(1.) The present appeal has been filed against the judgment and award dated 29.8.1992 and 21.9.1992 respectively passed by the 1st Additional Judicial Commissioner-cum-Motor Accidents Claims Tribunal, Ranchi in Compensation Case No. 102 of 1986 whereby the learned Tribunal had awarded a sum of Rs. 1,95,000 as compensation to the claimants-respondents with interest at the rate of 15 per cent per annum on the entire amount from 20.6.1986 till the date of the realisation. The Tribunal also ordered that if the amount is not paid within two months from the date of the order, the claimants shall be entitled to interest at the rate of 18 per cent per annum.

(2.) The relevant facts giving rise to the instant appeal are that on 2.2.1986, the deceased Ramcharitra Singh was going to Itki from Ranchi on TVS 50 bearing the registration No. BPV 7079 and near Bajra Bridge bus bearing registration No. BHH 8283 which was coming from the opposite direction being driven in a rash and negligent manner dashed against the TVS and ran over the deceased, namely, Ramcharitra Singh, who died instantaneously. It was claimed that Ramcharitra Singh was the only bread-earner and the whole family consisting of his widow and children have been put to financial hardship and so, claimants claimed a sum of Rs. 2,00,000 (rupees two lakh) as compensation with interest at the rate of 18 per cent from the date of institution till the realisation of the amount besides further sum of Rs. 10,000 (rupees ten thousand only) on account of funeral expenses. A police case was also instituted and it was the case of claimants that at the time of the death, the deceased was aged about 30 years and was doing the job of a mechanic and thereby he was earning a sum of Rs. 1,000 per month.

(3.) The learned Tribunal framed the following issues in the case: