NEW INDIA ASSURANCE COMPANY Vs. VIDYA DEVI

JUDGEMENT

(1.) IN all these four appeals, the judgment and award dated 1610 -1985 of Motor Accident Claims Tribunal, Jhunjhunu is being challenged. It is common ground that on 9 -7 -82, Premchand and Prabhu Dayal were going on Motor Cycle No. DEX 584 from Khetri City to their village Sohli. A bus bearing registration No. RSZ 4831 belonging to Sophiya School Khetri was coming from the side of Khetri township which collided with the motor cycle at near about Nizampur turn. The accident resulted in death of both Prem Chand and Prabhu Dayal. The driver of the bus was Mahaveer. Claim petitions were filed by the claimants who are wifes and children of Prem Chand and Prabhu Dayal. In the two claim petitions the question of negligence was first considered and decided and in both cases the Tribunal has found that the negligence of the driver Mahaveer is established on record. It is also being found and rightly so that since Mahaveer was negligent and the accident resulted in death of Prabhu Dayal and Prem Chand, the compensation should be paid to their wifes and children.

(2.) THE question raised before this Court is two fold. Firstly, that the insurance company has come with tie plea that their liability should be limited to Rs. 50,000/ - and the Sophiya School has filed appeal on the ground that the liability of the insurance company should be unlimited to cover the entire award. The claimants have filed cross objestion for increase of the amount of compensation.

(3.) NOW the first question is regarding the amount of compensation which should have been paid and which has been determined by the Tribunal.