P. C. Pant, J. - (1.) This appeal, preferred under Section 110-D of the Motor Vehicles Act, 1939, readwith Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 31st July, 1990, passed by the Motor Accident Claims Tribunal/district Judge, Chamoli, whereby M. A. C. Case No. 9 of 1989 has been decided and an amount of compensation to the tune of Rs. 45,000 has been awarded in favour of the claimant. The Tribunal has further directed that out of said amount Rs. 25,000 shall be paid by the New India Assurance Company Ltd. , while rest Rs. 15,000 shall be paid by Budhi Ballabh Joshi, owner of the vehicle and a sum of Rs. 5,000 shall be paid by Raj Pal Singh, driver of the vehicle.
(2.) HEARD Mr. R. B. Agrawal, learned Counsel for the appellant and perused the papers on record. No one turned up on behalf of the respondents even after being served personally. Brief facts of the case are that claimant Pavitri Devi is widow of deceased Kundan Singh. On 29th May, 1989, Kundan Singh (deceased) was travelling from Rudraprayag to Mohan Khal in a Bus D. C. M. Toyota Bearing Registration No. U. S. Y. /3637. At about 10. 30 a. m. , when the vehicle reached near Chopta, the vehicle met with an accident and Kundan Singh died on the spot. The vehicle registration No. U. S. Y. /3637 is owned by respondent Budhi Ballabh Joshi. It was being driven rashly and negligently by the driver Raj Pal Singh. Respondent Prem Singh was the conductor in said vehicle. In the claim petition, it is alleged that deceased was a mason and used to earn Rs. 1,500/- p. m. Claimant, who is widow of the deceased, was dependent on him. The vehicle at the time of accident was insured with New India Assurance Company Ltd. (present appellant) under policy No. 3132190300191. The claimant sought compensation to the tune of Rs. 50,000/-, before the Motor Accident Claims Tribunal. The appellant Assurance Company contested the claim petition and took a plea that its liability is limited only upto Rs. 15,000. The other respondents also contested the claim petition alleging that the accident had taken place due to the mechanical failure of the steering. They further pleaded that the amount claimed is excessive.
(3.) THE Motor Accident Claims Tribunal, on the basis of pleadings of the parties, framed following issues in the case : (1) Whether, Kundan Singh died in an accident on 29th May, 1989, at about 10. 30 a. m. , on his way from Rudraprayag to Phokri in Bus D. C. M. Toyota Bearing Registration No. U. S. Y. 3637, if so, its effect? (2) Whether, the vehicle was being driven rashly and negligently by its driver defendant No. 3 Raj Pal Singh, if so, its effect? (3) Whether, the liability of the Insurance Company (defendant No. 1) was limited only to the extent of Rs. 15,000/-, as alleged in its para 15 of the written statement? (4) Whether, the accident had occurred due to the mechanical failure as alleged in para 16 of the written statement of defendant No. 1, if so, its effect? (5) Whether, the amount of compensation claimed by claimant is excessive, as alleged in the written statement filed by respondent Budhi Ballabh Joshi, owner of the vehicle? (6) To what amount of compensation, if any, the claimant is entitled? After recording the evidence and hearing the parties, the Tribunal found that Kundan Singh while travelling in Bus D. C. M. Toyota Bearing Registration No. U. S. Y. /3637, died in an accident on 29th May, 1989, at 10. 30 a. m. , on his way from Rudraprayag to Phokri. It further found that defendant Raj Pal Singh, driver of the vehicle, was rash and negligent in driving the vehicle. The Tribunal further found that the accident did not occur due to the mechanical failure to the steering. The Tribunal did not accept the contention of the Insurance Company that its liability is limited only to the extent of Rs. 15,000/ -. On the amount of compensation, it found that the claimant is entitled to Rs. 45,000/-, out of which Rs. 25,000/- were directed to be paid by the Insurance Company.;