ORIENTAL INSURANCE CO LTD Vs. MAHESH PRASAD RAWAT

JUDGEMENT

(1.) This appeal has been preferred by Oriental Insurance Co. Ltd. aggrieved by an award dated 10.5.2001 passed by Second Additional Member, M.A.C.T., Bhopal in MCC No. 64 of 1998. Claimants have also filed cross-objections for enhancement of compensation.

(2.) In short the claimants' case is that on 16.8.1996 Sandhya was travelling in jeep No. MP 04-A 5157, when it reached near Bhanpura police check post, bus No. MP 04-H 7445 dashed the jeep, bus was driven at excessive speed, Sandhya, driver and other sustained injuries. Sandhya was taken to Padar Hospital for treatment where she died. Autopsy was performed on 17.8.1996. Bus was driven by Mohd. Umar. Age of deceased was 35 years. She was unmarried. She was hale and hearty. She had decided not to marry. She was the only daughter of claimants. She was working as Assistant Instructor in Aaganwadi Centre, earning Rs. 1,300 per month. She was obtaining other facilities also. In addition she used to do the work of handicraft and stitching, in all her income was Rs. 4,000 per month. Compensation of Rs. 8,20,000 was claimed along with interest.

(3.) Jeep was owned by Mahila Chetna Manch, Bhopal and insured with New India Assurance Co. Ltd. for the period 21.3.1996 to 20.3.1997.