NEW INDIA ASSURANCE COMPANY LTD Vs. BAIKALA

JUDGEMENT

(1.) THESE appeals have been filed against the common award of the Motor Accident Claims Tribunal (District Judge), Banswara dated August 1, 1987 by which it has partly allowed the claim petitions arising out of the same accident and has awarded various amounts as compensation to the claimants as noted below : - S. No. Number and year of name of amount Misc. Appeal mact deceased injured awarded in Rs. S. No. Number and years of Name of Misc. Appeal MACT Deceased Injured Amount awarded in Rs. 1. 8/88 34/82 Bherunath - 57,800 2. 10/88 53/82 Gangaram - 35,100 3. 11/88 33/82 Laxman - 39,000 4. 12/88 35/82 - Nanu Ram 16,400 5 13/88 36/82 - Girdhari 12. 000

(2.) THE fact of the cases giving rise to these appeals may be summarised thus. On May 31,1979, truck No. GTY 4126, owned by Suresh Nathuram Agrawal (non-petitioner-respondent No. 3) and insured by non-petitioner-appellant, was bringing cement from Kandla to Banswara. It was being driven by its driver Laxman (non-petitioner-respondent No. 2 ). THE injured Radha Kishan, Nanu Ram, Girdhari and Kamla and deceased Laxman, Gangaram and Bherunath boarded it at the bus stand of the village Mangana along with their baskets of fish after paying their fare and also the freight of the baskets. THE deceased Virendra Kumar was Khalasi in the truck. While it was passing through Chanduji-ka-Ghata (P. S. Loharia), it fell down in a ditch. As a result thereof, aforesaid persons received injuries and Laxman, Ganga Ram, Bheru Nath and Virendra Kumar died as a result of the injuries. THE accident took place due to rash and negligent driving of the truck by its said driver. THE claim petitions were filed by the injured and the legal representatives of the aforesaid deceased persons. After holding necessary trial, the Tribunal awarded the said amounts as compensation against the owner, driver and Insurance Company.