NATIONAL INSURANCE COMPANY LTD. Vs. KANHAIYA

JUDGEMENT

(1.) - Since the aforesaid appeals arise out of and pertain to judgment and award dated 13th August, 1999 rendered by MACT, Hindaun City, whereby an amount of Rs. 80,000/- in accident claim petition no. 47/95 and an amount of Rs. 1,50,000/- in claim petition no. 48/1995 has been decreed in favour of the claimants respondents no. 1 to 4 and against the appellant-Insurance company and the non claimants-respondents 5 to 8, they are being disposed of by this common judgment.

(2.) The appellant National Insurance Company has questioned its liability by way of these appeals. The claimant-respondents no. 1 to 4 being dissatisfied with the quantum of compensation under the award, have filed cross objections for the disallowed portion of the claim on various grounds.

(3.) Skipping unnecessary details, the necessary facts for the disposal of aforesaid appeals succinctly stated are thus : That on 3rd October, 1995, the claimant respondent Kanhaiya was going with his wife Mooli from village Jharoti to Gopalpura by Jeep RJQ 2250. It is alleged that the driver of the jeep was driving the same very rashly and negligently at a fast speed. The passengers sitting inside the jeep asked the driver not to drive it at such a high speed, but he did not pay any heed to their request. It is further alleged that when the jeep crossed the petrol pump, on account of its negligent driving at a very high speed, the driver lost its balance and the jeep collided with Bus RJ 14/P/1302 coming from opposite direction. This accident resulted into injuries of Kanhaiya Lal and death of his wife Smt. Mooli. Other passengers are also found to have sustained injuries.