Decided on July 20,1973

Swarnalata Dutta Barua Appellant
National Transport India Pvt. Ltd Respondents


SARMA, J. - (1.) BY this judgment we propose to dispose of two appeals under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter called 'the Act'), namely Misc. Appeal (F) 37 and Misc. Appeal (F) 38 of 1968, arising out of Motor Accident Claims Cases Nos. 99 and 100, respectively, of 1966. which were disposed of by a common judgment dated 6-6-1968 by the Member of the Motor Accident Claims Tribunal. Noweong.
(2.) THE above two claims cases arose out of the same accident in which six persons travelling in a bus bearing No. ASA 3482 belonging to M/s. National Transport (India) Pvt. Ltd. (respondent No. 1) were killed, the bus being knocked off by the engine of a running train while crossing the railway lines at Noonmati Railway level crossing. The bus was engaged at that time by the B. O. C. (Pipe Line) Ltd. for transporting some of its employees residing in Gauhati town to and from their residence during the lunch hour and all the six victims were such employees. It may be mentioned here that the B. O. C. (Pipe Line) Ltd. had contracted with M/s. National Transport (India) Pvt. Ltd. that the latter's Motor Bus No. ASA 3310 would resularlv carry the former's employees at the lunch time from the Pine Line Office at Bamuni Maidan to Gauhati town and then carry them back after their lunch to the Pipe One Office. On the date of accident the bus No. ASA 3310 having gone out of order M/s. National Transport arranged the bus No. ASA 3482 belonging to M/s. National Transport (India) Pvt. Ltd. for carrying the employees of the Pipe Line during lunch to and from their residence.
(3.) CLAIM Case No. 99 of 1966 was filed by Srimati Swarnalata Dutta Barua on behalf of herself and her two minor sons claiming a sum of Rs. 75,000 as compensation for the death of her husband late Devendra Chandra Dutta Barua one of the victims of the aforesaid, accident. He was aged 32 years and six months at the time of his death and he used to draw Rs. 405/- as his monthly salary. In Claim Case No. 100 of 1966 the claimant is the widow of late Lakshi Nath Hazarika, another victim of the accident. He was aged 63 years at the time of his death and his monthly salary at that time was Rs. 310/-. The claimant Srimati Labonya Bala Hazarika in this case has claimed a sum of Rs. 20,000/- as compensation. In both the cases the owner of the ill-fated bus No. ASA 3482. namely M/s. National Transport (India) Pvt. Ltd. was arrayed as opposite party No. 1 and the insurer of the vehicle M/s. New India Assurance Co. Ltd. was arrayed as opposite party No. 2.;

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