PURANCHAND Vs. KISHANLAL

JUDGEMENT

(1.) The present Miscellaneous Appeal under Sec. 173 of the Motor Vehicle Act, 1988 is directed against the impugned award dated 29.07.2005 passed by Additional Motor Accident Claims Tribunal, Chachoda, District Guna in Motor Accident Claim Case No. 60/2004, whereby compensation to the tune of Rs. 70,000.00 has been awarded in favour of the appellants.

(2.) Brief facts of the case are that on 13.01.2004 at bus stand Kumbhraj, District Guna the deceased Omkarnath was loading up the luggage on the rooftop of bus No. MP- 08-9912 which was owned by respondent No. 2 and driven by respondent No. 1 Kishanlal. It was alleged that at the time when the deceased Omkarnath was loading up the luggage on the rooftop of the bus, driver of the vehicle just suddenly extended the bus and parked it at the place where electric line was passing, due to which the deceased came in the contact with live wire, sustained injuries and lost his life. At the time of accident, the deceased was aged about 22 years and used to work as loader and earn a sum of Rs. 5000.00 per month. He has left behind his parents. They were dependent on the earning of the deceased. The Tribunal as per order dated 29.07.2005 has awarded compensation of Rs. 70,000.00 along with interest @ 6% per annum from the claim application till realization. Being dissatisfied with the award, the appeal has been preferred for enhancement of compensation by the appellants.

(3.) The cross objection was filed by respondent No. 3 mainly on the ground that the negligence of the driver has not been proved. Although the deceased was loading up the luggage on the rooftop of the bus but he was neither employee of the vehicle nor the passenger, therefore, Insurance Company is not liable to satisfy the compensation amount. There was negligence on the part of the deceased and hence the Tribunal ought to have attributed the portioned the liabilities and reduced the amount of compensation.