K.K.Birla, J. - (1.) This is an appeal against the award dated 17th May, 1980 passed by the Motor Accidents Claims Tribunal, Mathura, decreeing the claim for Rs. 1,09,500/- against the opposite parties and the total compensation payable by the Oriental Fire & Genl. Ins. Co. Ltd. (hereinafter referred as 'the insurance company').
(2.) Ramesh Chand Goel aged about 24 years died on account of the accident on 23.4.1977. In brief, he was going on motorbike from Refinery Mathura to Mathura and truck No. MPG 9893 driven by Mohan Singh and owned by Ajayab Singh was coming from the opposite side with great speed. It hit the motor cycle at about 3.45 p.m. causing serious injuries to Ramesh Chand Goel. Ramesh Chand deceased died on way to the hospital. From the evidence on record the Tribunal found that the accident was caused on account of the rash and negligent driving of the truck driver. This has not been disputed before us. 2-A. Ramesh Chand deceased was a Government contractor of First Class and had factories at Badopal and Hissar besides other immovable properties and including agricultural land. He left behind his widow Manju Goel aged about 19 and one daughter Monika Goel aged about 4 months at the time of the accident. A claim of Rs. 12,00,000/- was preferred in the claim petition. Manju Goel subsequently remarried with her husband's younger brother on 28th April, 1979. According to the Tribunal the expenditure incurred on Manju by the deceased was not less than Rs. 1,000/- per month. He granted a compensation of Rs. 24,500/- to her for the period of her widowhood. He also granted Rs. 10,000/-by way of compensation for her miseries. As regards the daughter he awarded a sum of Rs. 50,000/- to be kept in fixed deposit in some nationalised bank and to be taken out at the time of her marriage for the purposes of marriage only. He further awarded a sum of Rs. 25,000/- for the minor so that the amount of interest received from this amount may be spent in the bringing up of Monika. He accordingly awarded a sum of Rs. 1,09,500/-to be payable by the insurance company as the truck was comprehensively insured and the liability of the insurance company was limited to Rs. 1,50,000/-. Being aggrieved the insurance company and Ajayab Singh have preferred this appeal.
(3.) The amounts awarded have been challenged on various grounds on behalf of the appellants. It is contended that as the family business was continuing, it is not a case of total loss of income and as such the amount awarded is excessive. It is also contended that no compensation for shock and agony or miseries could have been awarded to the widow under the law. According to the appellants the liability of the insurance company was limited to Rs. 50,000/-only at that time and as such the direction of whole compensation amount being paid by the insurance company is against the law and the liability of the insurance company should be limited to Rs. 50,000/- only. On the other hand, it is contended on behalf of the respondents that the joint-appeal by the insurance company and the owner is not maintainable, that the appeal is bad for non-joinder of the driver. It was also asserted that in view of the comprehensive insurance policy the liability of the insurance company had extended to Rs. 1,50,000/- and the order passed is proper.;