TAHAL SINGH Vs. SHAMMI

JUDGEMENT

(1.) THIS appeal has been filed against the award passed by the Motor Accident Claims Tribunal, Bikaner dated May 1, 1979, awarding a sum of Rs. 30,000/- by way of compensation to the claimant, respondents No. 1 to 7, against the appellants No. 1 to 2 and respondent No. 8 but dismissing the claim against the Insurance Company, respondent No. 9.

(2.) THE case of the claimants, who are respondents No. 1 to 7 before this court, is that Hari Ram, was the husband of respondent No. 1 and father of respondent No. 2 to 7, and while he was going on foot on November 16, 1972 near the gate of the Sadul Textiles Mills at Sri Ganganagar, he was hit by bus No. R. J. K. 8027, which was being driven by respondent No. 8 Teja Singh negligently and at an excessive speed. According to the case of the claimants the bus first struck against a cyclist and thereafter Hari Ram, who was going on foot on the road was run over and then the bus struck against a small culvert, as a result of which the culvert was broken. Hari Ram received grevious injuries as a result of the aforesaid accident and died on the spot. THE vehicle did not come to an halt even after striking Hari Ram, but it continued to proceed at a considerable speed and had to be over taken and stopped by police officials. THE claimants who, as earlier stated, are the widow and sons and daughters of deceased Hari Ram, filed a claim for a sum of Rs. 1,75,8 0/- before the Motor Accident Claims Tribunal, Bikaner (hereinafter called "the Tribunal".) THE Tribunal wide its award dated May 1, 1979 came to the conclusion that the bus was driven by Teja Singh, driver at an excessive speed, rashly and negligently and that Hari Ram, who was a pedestrian, was injured on account of the rash and negligent driving of the said driver Teja Singh. THE Tribunal also determined the quantum of compensation payable to the claimants as Rs. 30,000/-, applying the multiplier of 15 to the average annual income of deceased Hari Ram which was assessed at Rs. 2,000/- and deducting l/5th from the aforesaid amount on account of the fact that the claimants were gatting payment of the amount of compensation in lump sum. THE Tribunal also awarded to the claimants a sum of Rs. 6,000/- for loss of companionship and mental paid and suffering as Hariram was the only bread earner of the family and he died as a result of the aforesaid accident and his widow and children, ranging from the age of 3-1/2 to 11 years were left without anybody also to fall back upon. However, the Tribunal held that the Insurance Company was not liable for payment of the amount of compensation because it was not proved that Teja Singh driver had a valid driving licence at the time when the accident took place.

(3.) THE appeal is, therefore, partly allowed and the award passed by the Motor Accident Claims Tribunal, Bikaner dated May 1, 1979 is modified to the extent that the award in the sum of Rs. 30,000/- an favour of respondents No, 1 to 7 and against the appellants No. 1 and 2 and respondent No. 8 is also held to have been passed against respondent No. 9, M/s New India Assurance Company, Bombay as well. THE result is that the Insurer, M/s New India Assurance Company, shall also be liable for payment of the sum of Rs. 30,000/- by way of compensation, together with interest thereon and costs awarded by the Tribunal, to respondent Nos. 1 to 7. THE award passed by the Motor Accident Claims Tribunal, Bikaner dated May 1, 1979 shall stand modified to the extend indicated above. .