ORIENTAL INSURANCE CO LTD Vs. BHAGIRATH BHAGAT

JUDGEMENT

(1.) This appeal has been preferred against the judgment and award passed by the Judicial Commissioner-cum-M.A.C.T. in Compensation Case No. 82 of 1984 whereby and whereunder compensation to the tune of Rs. 59,000 with interest at the rate of 12 per cent per annum from 3.11.1984 had been awarded and the amount was directed to be deposited with interest within three months next, in failure of which interest had been enhanced to 18 per cent per annum till the date of recovery.

(2.) One Shanti Devi, wife of claimant-respondent No. 1, Bhagirath Bhagat and the mother of the other minor claimants-respondents met with accident on 14.8.84 while she was travelling in a Trekker bearing No. EPN 8967 from Lohardaga to Ranchi. On the way, the accident took place. Shanti Devi sustained injuries and died on the spot. Shanti Devi was managing a business of her own of kolhu in the name and style of Power Ghani Tel Udyog and she was having an income of Rs. 1,000 per month. After the accident, an F.I.R. was also lodged vide Kuru P.S. Case No. 59 of 1984. Compensation was claimed to the tune of Rs. 2,50,000 but on consideration of the materials on record, the learned Tribunal found that Rs. 59,000 would be the proper and just compensation in the nature and circumstances of the case and as such allowed the compensation case with the award as mentioned above.

(3.) Mr. A.K. Sahani, appearing on behalf of the insurance company submitted that although at the relevant time the vehicle was insured with the appellant insurance company but its liability was limited as per Section 95 (2) (b) of the old Motor Vehicles Act. It was a passenger carrying vehicle and its liability per passenger was limited to Rs. 15,000 only. The liability of Rs. 15,000 had already been paid by the insurance company and as such according to Mr. Sahani no further amount can be levied on the insurance company.