NEW INDIA ASSURANCE CO LTD Vs. RAMBHABAI

JUDGEMENT

(1.) THIS is an appeal filed by the appellant insurance company against the award dated 1. 7. 1980 made by the Motor Accidents Claims Tribunal, Ujjain in Claim Case No. 45 of 1977 whereby the learned Tribunal has awarded Rs. 15,000/- as compensation in respect of the death of the deceased Bhagwandas who died as a result of motor accident on 2. 6. 1976.

(2.) THE facts giving rise to this appeal, briefly stated, are as follows:

(3.) THE learned Tribunal, on the basis of the evidence adduced in the case, found that the deceased husband of the claimant-respondent No. 1 died as a result of motor accident due to rash and negligent driving of the truck in question. The Tribunal found that the deceased Bhagwandas was around 35 years of age and had good health at the time of his death by accident. It also found that the deceased had kirana business at Sanai and earned Rs. 200/- per month from the said business and the claimant's dependency on the said income was to the extent of Rs. 100/-per month. The learned Tribunal held that the claimant is entitled to get Rs. 3,000/- as damages for mental shock and Rs. 12,000/- by way of general damages, i. e. , in all Rs. 15,000/-for the death of her husband in the accident and that the driver, the owner and the insurer in respect of the truck in question are jointly and severally liable to pay the damages. Interest at the rate of 6 per cent per annum from the date of the claim petition till realisation has been awarded on the amount awarded.