NATIONAL INSURANCE CO. LTD. Vs. MANJULA BEN

JUDGEMENT

(1.) THIS Special Appeal has been preferred by the insurance company under Section 18 of the Rajasthan High Court Ordinance, 1949 against the judgment of the learned single Judge dated 23.9.1986 allowing the claims of the respondents and rejecting the appeal filed by the insurance company.

(2.) ON 13.2.1979, at about 8 p.m. when Ram Bhai Patel and his wife Manjula Ben and daughter Chandrika Ben were on their way to Jaipur by car No. GJH 1472, they met with an accident as their car collided with a stationed vehicle No. RRM 3151. Due to severe injuries, Ram Bhai Patel died instantaneously whereas Manjula Ben received injuries and survived. Vehicle No. RRM 3151 was stationed by the driver carelessly and negligently without observing the rale of road as a result of which accident took place.

(3.) TWO claim petitions were filed before the Tribunal, one by Manjula Ben and her children for compensation on account of the death of Ram Bhai Patel and the other by Manjula Ben on account of injuries sustained by her. The Tribunal held that the driver of the vehicle which was stationed and parked without any light on rear side or without any indication, was negligent and, therefore, allowed compensation treating the earnings of the deceased to be Rs. 24,000/ - per year. For the injuries sustained by Manjula Ben, compensation was also awarded. Dissatisfied, the claimants filed two appeals whereas the insurance company filed one, before the learned single Judge, who allowed the appeals of the claimants for enhancement of compensation and awarded a sum of Rs. 3,12,000/ - to the claimants. Hence this appeal and cross -objection.