LAWS(MPH)-2005-11-55

REKHA BAI Vs. SAMIULLA

Decided On November 25, 2005
REKHA BAI Appellant
V/S
SAMIULLA Respondents

JUDGEMENT

(1.) This appeal has been preferred by claimants for enhancement of compensation aggrieved by an award dated 24.2.2001 passed in Claim Case No. 50 of 2000 by Addl. Motor Accidents Claims Tribunal, Multai, District Betul.

(2.) In an accident dated 5.4.93 deceased Vitthalrao Satpute was travelling in bus No. DDT 9201 which was coming from Savangi to Masod. Deceased was going to the place of his duty. Bus was driven by Samiulla, it was owned by Ramrao and was insured with New India Assurance Co. Ltd. Claimants are widow, children, parents and brother of the deceased. The deceased was travelling on the rear seat; all of a sudden door opened, he fell down, sustained injuries and died. Report of the accident was lodged. Offence under section 304-A of the Indian Penal Code was registered as against the driver. Vitthalrao was sole bread-earner for the family. He was a craft teacher in the government school. Compensation in the sum of Rs. 25,24,000 was claimed by claimants. Non-applicants parents and brother have also claimed compensation of Rs. 6,44,000.

(3.) The owner and driver in their reply condended that the deceased himself was negligent. He jumped from the bus owing to which he fell down. Other passengers were not injured which indicates that driver of the bus was not driving it in a rash and negligent manner.