GITA JOSHI Vs. GURUPADANAND

JUDGEMENT

(1.) This is an appeal under Section 110 -D of the Motor Vehicles Act against the award of the 2nd Motor Accidents Claims Tribunal, Sambalpur, claiming enhancement of compensation awarded by the Tribunal.

(2.) THE appellants who are the widow and son of deceased Omprakash Joshi, who on the date of death was an Assistant Engineer in the Orissa State Electricity Board, filed a claim petition claiming Rs. 3,55,000/ -as compensation. It was alleged that on 17.8.1982 at 2.00 p.m. while the deceased was proceeding to his house from the office for taking his lunch, the vehicle bearing registration No. OAO 2325 came from the opposite direction at a high speed and collided with the motor cycle as a result of which the deceased was thrown off the vehicle and sustained grievous injuries. He was admitted into the Ispat Hospital at Rourkela and later on was removed to the hospital at Cuttack, where ultimately he succumbed to the injuries on 1.10.1982. The deceased was aged 35 years on the date of death.

(3.) BEFORE the Tribunal, three witnesses were examined on behalf of the claimants. So far as the owner is concerned, he was neither examined nor took any further part in the proceedings. But on behalf of the insurance company, the Assistant Administrative Officer was examined. The Tribunal on consideration of the materials placed before it came to the conclusion that the accident occurred on account of negligence on the part of the driver of the motor car as well as the deceased who was driving the motor cycle. The Claims Tribunal assessed the negligence of the car driver at 25 per cent On the question of quantum of compensation, the Tribunal adopted the multiplier system and recorded a finding that the total dependency comes to Rs. 72,000/ -. But in view of its earlier conclusion that the negligence of the car driver is only 25 per cent, the Tribunal awarded compensation to the tune of Rs. 18,000/ - to the claimants. In addition, the Tribunal awarded Rs. 2,000/ -towards medical expenses and in all compensation of Rs. 20,000/ - was awarded. It is this award which is being assailed in this appeal.