NEW INDIA ASSURANCE COMPANY Vs. KAMLA DEVI

JUDGEMENT

(1.) The above appeal has been filed by the New India Assurance Company (hereinafter referred to as the Company) against the award dated 15.3.1993 of the Motor Accident Claims Tribunal (3), Kangra at Dharamsala in MAC Petition No. 44 of 1991 where under a sum of Rs.2,22,600/ - has been awarded as compensation in favour of the respondents No. 1 to 5 - Claimants along with costs and interest on account of motor vehicle accident in which one Prakash died.

(2.) Briefly stated the facts of the case are as follows: - On 16.7.1991, Prakash was travelling in a bus bearing Registration No. HP -38 -3575 which was owned by Ramesh Chand respondent No. 8 and being driven by Madan Lal respondent No. 6 and Pritam Chand respondent No. 7 was the conductor of the bus. The bus was insured with the appellant -Company. At about 2 PM when the bus reached at the Bus Stand, Guler, the passengers started getting down from the bus. One of the passengers, namely, Balak Ram climbed on the roof of the bus to un - load his luggage. When Prakash Chand get down from the bus from rear door, the luggage thrown by Balak Ram fell on the head of Prakash Chand which resulted serious injuries to Prakash Chand. The bus was stopped at the Bus Stand and both the driver and conductor left the bus un -attended. Praksh Chand ultimately died due to injuries sustained by him on his head.

(3.) The legal representatives/heirs of Prakash Chand, who are his widow Smt. Kamla Devi respondent No. 1, Ms. Anju Devi, Ms. Anu Devi (Minor daughters -respondents 2 and 3), Ravi Kumar and Raman (minor sons - respondents 4 and 5) herein filed a claim petition before the Motor Accident Claims Tribunal, alleging inter alia, that the accident took place due to rash and negligent act of the respondents -driver and conductor of the bus which arose out of the use of the motor vehicle. They averred that Prakash Chand before his death was doing the work of Halwai at Chandigarh and was earning Rs.3000/ - per month. Due to the death of their bread winner, the claimants were left destitudes and on the premise of these averments, a claim of Rs.3,60,000/ -as compensation was made by the respondent -claimants against the owner, driver, conductor and the Assurance Company.