NATIONAL INSURANCE CO LTD Vs. SHANTI

JUDGEMENT

(1.) THIS appeal is arising out of the order dated 4.12.1993 of Judge, Motor Accidents Claims Tribunal, Sikar, whereby he has awarded Rs. 1,93,000 plus interest to claimants -respondent Nos. 1 to 5. The claimant -respondents had filed a claim petition under the provisions of Section 110 -A read with Section 92 -A of the Motor Vehicles'Act, 1939, claiming compensation to the tune of Rs. 5,05,000 on the death of Sita Ram in an accident on 5.4.1987.

(2.) JONGA jeep No. RJP 3574 was hired by the deceased along with other passengers. On that day while the jeep was going from the village of the deceased towards Salasar, that jeep was overturned near village Bhuma. The owner of the jeep is respondent No. 7 Ramavtar, s/o Ram Prasad. The jeep was insured with the National Insurance Co. Ltd. In claim petition, the age of the deceased has been shown as 28 years. That has also been estimated by the doctor at the time of post -mortem. The doctor has also opined that the cause of death of Sita Ram is due to accident. The deceased left behind him his wife Shanti, aged 24 years, Mamta and Pinki, 5 years and 3 years of age, daughters of deceased, Hardeva Ram, aged 70 years, father of the deceased and Nanudi, aged 60 years, mother of the deceased.

(3.) LEARNED counsel for the appellant company submits that in the jeep, there were more than 12 passengers while it overturned and the cover note is antedated. There is nothing brought on record by the appellant that more than 12 persons were travelling at the time of accident. On the contrary, one of the passengers PW 3 Prabhat has deposed in the court that at the time of accident, he was travelling along with deceased Sita Ram, Sita Ram's wife, Sita Ram's younger brother's wife, his elder brother's wife and mother of Sita Ram, in all 8 -10 persons were in the jeep. He is an independent witness, therefore, there is no reason to disbelieve the statement of PW 3 Prabhat.