RAJENDRA KUMAR Vs. MST. KHATUN

JUDGEMENT

(1.) This appeal is directed against the judgment and award dt. 3.10.1987 passed by Motor Accident Claims Tribunal, Bhilwara (hereinafter referred to as 'the Tribunal'), whereby the Tribunal awarded compensation of Rs. 90,000/- in favour of respondent-claimants (hereinafter referred to as 'the claimants') and against the appellant and respondent No. 10, the Insurance Company. The appellant owner of the vehicle involved in accident, has challenged the award by this appeal. The claimants filed the cross- objection seeking enhancement.

(2.) Briefly stated facts which are necessary for decision of this appeal and cross objection are that a claim petition was filed claiming compensation for a sum of Rs. 2,85,000/- for the death of Manzoor Ahmed who died due to the accident caused by truck No. RJE-5201 owned by the appellant. The case as set up by the claimants is that on 19.8.1979, respondent No. 9 Om Prakash and deceased Manzoor Ahmed were proceeding on a motorcycle No. RRQ-7501 from Bhilwara to Meja Bandh. The said motor cycle was driven by Om Prakash and the deceased Manzoor Ahmed was the pillion rider. In the area of village Kotdi, the motor cyclist overtook truck No. RJE-5201. Thereafter the said truck hit motorcycle from behind and Manzoor Ahmed was dragged with the said truck and succumbed to injuries. He was a young man of 28 years of age and used to earn Rs. 1,000/- per month as he was Lathe Machine Operator. The said truck was owned by the appellant and was insured with respondent No. 10 and the claimants wife and children and the parents of the deceased laid the claim for compensation. It was averred that the claimants were dependent upon the income of the deceased. The appellant and contesting respondent before the Tribunal filed their respective statements. The Tribunal framed the issues on the pleadings of the parties. Claimants produced PW.1 Mst. Khatun, PW.2 Noor Ahamed, PW.3 Kanhaiya Lal and the respondent examined NAW.1 Bhanwar Lal, the driver of the trick, DW.2 Rajendra Kumar, the appellant. On appreciation of the evidence, the Tribunal came to the conclusion that the said accident was as a result of rash and negligent driving of the truck by its driver Bhanwar Lal. While deciding the issue of quantum, the Tribunal assessed and awarded a sum of Rs. 90,000/- as compensation. The Tribunal also held liable respondent No. 10, the Insurance Company as the said truck was insured with respondent No. 10.

(3.) I have heard learned counsel for the parties. Perused the judgment impugned and the record of the Tribunal.