HARSAHAY Vs. AJAY KUMAR

JUDGEMENT

(1.) This order shall dispose of M.A. No. 128 of 1997 (Harsahy v. Ajay Kumar), M.A. No. 131 of 1997 (Veenabai v. Ajay Kumar) and M.A. No. 420 of 1997 (Kalabai v. Ajay Kumar) and cross-appeals M.A. Nos. 408, 553 and 410 of 1997 and No. 35 of 1998 filed by insurance company, as they arise out of common award dated 24.9.1996 passed by 1st Member, Motor Accidents Claims Tribunal, Mhow, in Claim Case Nos. 157, 156 and 151 of 1987 respectively whereby compensation of Rs. 27,000, Rs. 80,000 and Rs. 40,000 was awarded.

(2.) The facts of the cases, in brief, are that on 23.11.1981 'Barat' party of Dinesh s/o Raghunath was travelling in bus No. MPN 7475 owned by non-applicant No. 1 Ajay Kumar, driven by non-applicant No. 2 Dwarka Prasad and insured with nonapplicant No. 3. This bus was being driven rashly and negligently at high speed, as a result of which it turned turtle in Dharughat and went 40-50 feet deep into the valley. Many members of the Barat party including Kallu alias Mahesh, s/o appellant Nos. 1 and 2 and brother of appellant No. 3 in M.A. No. 128 of 1997; Shiv Prasad, the husband of appellant No. 1, father of appellant Nos. 2 to 4 in M.A. No. 131 of 1997; and Nannu, s/o appellant Nos. 1 and 2 in M.A. No. 420 of 1997; died on the spot and some others got injuries. They filed claim cases seeking compensation of Rs. 1,55,000, Rs. 1,55,000 and Rs. 1,60,000 respectively. The non-applicants resisted the claim. The insurance company, inter alia, pleaded that its liability was limited to Rs. 5,000 under section 95 (2) (b) (ii) (4) of the Motor Vehicles Act, 1939. The Tribunal awarded Rs. 27,000 for the death of Kallu alias Mahesh, Rs. 80,000 for the death of Shiv Prasad and Rs. 40,000 for the death of Nannu and directed the nonapplicants to pay above amounts to their L.Rs. appellants jointly and severally with interest at the rate of 12 per cent per annum from the date of filing of claim application. The claimants have filed these appeals for enhancement of compensation amount and the insurance company has filed cross-appeals for reduction of the same.

(3.) We heard Mr. Patwa, learned counsel for the appellants-claimants and Mr. A.H. Khan, learned counsel for the insurance company and considered their arguments and perused the record. '