VULCAN INSURANCE CO LTD Vs. KONGASARI LAL BANERJI

JUDGEMENT

(1.) THESE two appeals are directed against an award of a claims tribunal constituted under Section 110 of the Motor Vehicles Act, 1939. The accident for which compensation has been awarded was by bus No. BRR 800. Miscellananeous Appeal No. 203 of 1968 is by the insurer and Miscellaneous Appeal No. 215 of 1968 is by the owner of the bus. They have been heard together, as they arise out of the same order, and are being disposed of by this judgment.

(2.) ON 4th July, 1962, at about 10,30 a.m., Parbati Kumar Banerjee, a school teacher of the Jharia Raj School at Jharia, and his mother (A.W. 3) were standing at the place used as bus-stand near Dhanbad Railway Station. According to the claimant, the father of Parbati Kumar Banerjee, the aforesaid bus came there at high speed and crushed Parbati Kumar Banerjee in between that bus and another bus which was standing at the bus-stand from before. A.W.3 also received injuries. Parbati Kumar Banerjee was taken to the hospital at Dhanbad, but he died there. As stated earlier, the claim application was made by the father (A.W. 8) which is for his benefit as well as for that of the mother of the deceased (A.W. 3).

(3.) THE claims tribunal has held that there was negligence on the part of the driver of the bus, and, as such, the owner and insurer are liable to pay compensation. It has fixed the compensation at Rs. 24,000 but of which Rs. 20,000 is to be paid by the insurer and Rs. 4,000 by the owner.