UNITED INDIA INSURANCE CO LTD Vs. BHIKI

JUDGEMENT

(1.) THESE two appeals arise out of the award dated 25.5.1988 passed by the Judge, Motor Accidents Claims Tribunal, Sri Ganganagar, by which the learned Judge of the Tribunal dismissed the Claim Petition No. 240 of 1982 (20/ 81) (Raniya v. Gajan Singh) but allowed the Claim Petition No. 241 of 1982 (23/ 81) filed by Soni and Claim Petition No. 242 of 1982 (24/81) filed by Bhiki and awarded a sum of Rs. 59,000/ - in each of the two claim petitions. As both these appeals arise out of the common award and relate to the same accident, they are, therefore, being disposed of by this common judgment.

(2.) DECEASED Magga, Panna and Jalal along with Bhaga, Binja and the others boarded a private bus No. RRK 6828 at Suratgarh on 7.2.1981 at about 11.00 p.m. for performing their journey to Bikaner and Banner. These seven passengers paid Rs. 16/ - each to the conductor on the bus for fare from Suratgarh to Bikaner. The bus, at that time, was owned by Dharam -veer and was being driven by its driver Gajan Singh. The bus was being driven rashly and negligently and it overturned near Mokalsar, on account of which several persons received injuries. Magga, Panna and Jalal, who were also travelling in the bus, died at the spot. The dependants of these deceased filed three claim petitions before the Motor Accidents Claims Tribunal, Bikaner. Raniya, being the great grandson of Magga, filed Claim Petition No. 240 of 1982 (22/81) for the award of Rs. 30,000/ -; Soni (widow of Panna) and others filed Claim Petition No. 241 of 1982 (23/81) for an award of Rs. 1,99,000 while Bhiki (widow of Jalal) along with others filed Claim Petition No. 242 of 1982 (41/81) for the compensation of Rs. 1,62,880/ -. After the establishment of the Motor Accidents Claims Tribunal at Sri Ganganagar, these three claim petitions were transferred here from Bikaner. The claim petition, filed by the claimants, were opposed by the owner and the driver of the bus as well as the insurance company. All the three claim petitions were consolidated as they were arising out of one and the same accident and thereafter common evidence was recorded. The claimants, in support of their claim, produced Raniya, PW 1; Soni, PW 2; Bhiki, PW 3; Tagga, PW 4; Ram Das, PW 5; and Binjia, PW 6. The non -claimants, in support of their case, examined Dharamveer, NAW 1 and Hari Singh, NAW 2. The learned Judge of the Tribunal, after appreciation of the evidence produced on record, dismissed the Claim Petition No. 240 of 1982 (22/81) filed by claimant Raniya on the ground of non -joinder of the necessary parties because claimant Raniya was the great grandson of deceased Magga and Magga's two daughters were also alive and even his real sister was alive. As all the legal representatives of deceased Magga were not joined as the parties to the claim petition, the same was dismissed. The learned Judge of the Tribunal, however, allowed the Claim Petition No. 241 of 1982 filed by Soni and others and Claim Petition No. 242 of 1982 filed by Bhiki and others and awarded a sum of Rs. 59,000/ - in each of these two claim petitions along with interest at the rate of 6 per cent per annum from the date of filing the claim petitions to the date of the award and 18 per cent from the date of the award till realisation. It is against this award that the insurance company has filed these two appeals.

(3.) I have considered the submissions made by the learned Counsel for the parties.