ORIENTAL INSURANCE COMPANY LIMITED Vs. SANJU DEVI

JUDGEMENT

(1.) These two appeals at the instance of the appellant Oriental Insurance Company are directed against the judgment and award dated 31.8.2004 passed by 4th Additional Judicial Commissioner-cum-Motor Vehicle Accident Claims Tribunal in Compensation Case Nos. 7 of 1984 and 9 of 1984 awarding compensation to the tune of Rs- 1.50.000/- and Rs. 25.000/- for the death of father and son who were traveling in the trekker.

(2.) The claimants are the widow and sons of the deceased Satyendra Prasad Singh. The brief facts of the case is that on 12.10.1983 the claimant Smt. Sanju Devi was travelling with her husband and two sons in a trekker bearing registration No. BPN No. 8412 from Ranchi to Lohardaga. The trekker was over crowded and being driven rashly and negligently. It was alleged that when the trekker reached never village Kamre on Ranch! Lohardaga road. it collided with BSRTC Bus No. BHV-8224 belonging to Bihar State Road Transport Corporation, which was also being driven rashly and negligently. The accident resulted in mstant death of more than seven persons on the spot and complete damages to the vehicles. In the said accident the husband and one son of the claimant died on the spot. The deceased husband of the claimant was employed as Assistant in the Soil Conservation Office, Govt. of Bihar and posted at Lohardaga and he was getting salary of Rs. 1300/- per month. While the son of the claimant who died in the said accident, namely, Sachin was minor aged about 5 years.

(3.) The Claims Tribunal formulated the following issue for consideration :