VANITA BEN Vs. LRS OF DEVSHI BHAI

JUDGEMENT

(1.) The instant misc. appeal is directed against the judgment dated 4.3.1998 passed by the learned Judge, Motor Accident Claims Tribunal, Pali in MAC No.45/94 whereby the learned Judge awarded a total sum of Rs.11,54,152/- to the appellants claimants as compensation for the death of Mukundbhai Devji Bhai Kotecha. Out of the said compensation amount, a sum of Rs.15,000/- was directed to be paid by the insurance company respondent No.3 as limited liability whereas, the appellants were left to recover the remaining compensation amount from the owner of the offending vehicle.

(2.) Briefly stated the facts of the case are that the appellant No.1's husband late Shri Mukundbhai Devjibhai Kotecha was travelling in a bus bearing registration No.GRP3584 which was being driven by one Upendra Jayantilal Thakar. The owner of the vehicle was Devashibhai Dungarbhai Radariya. The vehicle was insured by the Oriental Insurance Co.Ltd. under the Act of 1939 for a limited liability. The said vehicle met with an accident on 9.11.1989 by colliding against a tree near village Dhola, District Pali. Mukundbhai who was sitting in the vehicle alongwith his younger brother Nilesh received head injuries as a result of the accident and expired later on. At the relevant time, Mukundbhai was 39 years of age and was working in a concern named R.K.Goel & Co.Ltd. at Leicester (U.K.).

(3.) A claim was filed by his wife and three minor daughters in the court of the learned Judge, Motor Accident Claims Tribunal praying for compensation of Rs.25 lacs under various heads. In support of the claim petition, the salary/pay certificates issued by the employer of Mukundbhai certifying that he was drawing a salary of 120 pounds per week i.e. 6240 pounds per annum were filed and exhibited. The learned Tribunal framed following six issues to be decided by it: