S.K.MAL LODHA, J. - (1.) M /s. Krishna Roadways, Nathdwara and Saligram, who were non-petitioners Nos. 1 and 2 respectively before the Motor Accidents Claims Tribunal, Udaipur (for short 'the Tribunal') have filed this appeal under Section 110-D of the Motor Vehicles Act, 1939 (No. IV of 1939) (for short 'the Act' herein) against the Judgment and award dated October 15,1973 of the Tribunal. The Tribunal has passed an award for Rs. 11,000/- in favour of the petitioners (Respondents). Respondents No. 1 and 2, are father and mother of one Someshwar. The appellants shall be referred as non-petitioners No. 1 and 2 and respondents No. 1 and 2 shall be referred as the petitioners.
(2.) RESPONDENT No. 3 Rubi General Insurance Company Ltd., Bapu Bazar, Udaipur was non-petitioner and it will be referred as non-petitioner No. 3 hereinafter. Bus RJY 1517 was owned by non-petitioner no. 1. Its driver was non-petitioner No. 2. The bus left Udaipur bus stand for Bhilwara on June 21, 1969 at 6.45 p.m. Someshwar, aged about 8 years was also going with Daulal, Head Master, Phalna Middle School, who is maternal uncle of Madanlal. Daulal was sitting in front near the engine of the left side seat. Someshwar was sitting in his lap. It is not in dispute that the radiator of the engine was also inside the bus and it was coming out about 6" of the body of the engine. Its mouth was towards the left side where Dau Lal with Someshwar and a few other passengers was sitting. When the bus reached Eklingji on way to Nathdwara, Salig Ram, driver opened the head of the radiator and some water was poured in it. Thereafter the lid of the radiator was closed. According to the petitioners after the bus had left Eklingji and had travelled about a mile ahead of Gedgia the Driver drove the bus fast. When it had travelled about ten miles from Eklingji towards Nathdwara all of a sudden the water in the radiator reached boiling point. The lid (cap) was thrown by the force of the steam and the boiling water fell over Someshwar who was sitting in the lap of Daulal, as a result of which there were scalds which involved face, front of neck, front of chest, upper half of abdomen right, forearm and arm in front left arm and forearm front, left thigh upper 1/4, penis, etc. of Someshwar Daulal also received burns. The passengers alighted from the bus. At that time, the car was seen going from the side of Udaipur and Daulal took Someshwar in that car to Nathdwara Hospital, where first aid was administered, but it was advised that Someshwar should be taken to Udaipur Someshwar was brought to Udaipur and he was admitted in General Hospital on June 22, 1979 where he died because of the extensive burn on June 23,1979. The Petitioners have alleged that Someshwar was in pain and agony because of the extensive burns till he died. The age of Someshwar at the time of death was eight years. He was studying in 2nd standard in School at Udaipur. He was brilliant boy and had a bright future. The details of the compensation claimed by the petitioners are given in para 11 of the claim petition. Three items, with which I am concerned in this appeal have been stated in para 11 as follows: X X X The claim petition was resisted by all the non-petitioners. Non-petitioners No. 1 and 2 admitted that non-petitioner No. 2 was driving the vehicle at the relevant time. This fact has also been admitted that the lid (cap) of the radiator was thrown and the boiling water fell over Someshwar. Amongst others, an objection was taken that this happening is not a motor accident and as such the Tribunal had no jurisdiction to entertain and decide the claim. The amount of compensation was disputed on the ground that it was exaggerated. Non-petitioner No. 3 (Insurance Company) also resisted the claim on the grounds, which were raised by non-petitioners No. 1 and 2. It is submitted that it is liable for Rs. 2000/- only. In the judgment and award under appeal, the Tribunal has reproduced the five issues. On behalf of the petitioners, statements of P.W. 1 Daulal P.W. 2 Dr. Ramesh Chandra, P.W. 3 Dr. Uma Kant, P.W. 4 Abdul Rehman, P.W. 5 Madan Lal and P.W. 6 Shyamsunder have been recorded. On behalf of Non-petitioners No. 1 and 2, statements of D.W. 1 Saligram, D.W. 2 Girdhari Singh, D.W. 3 Bhanwarlal, D.W. 4 Bhim Singh and D.W. 5 Ramlal have been recorded. Documentary evidence has also been placed on record. The Tribunal has recorded the following findings: (1) that the Tribunal under Section 110 of the act had jurisdiction to entertain the claim; (2) that Someshwar was burnt and died on account of the negligence of non-petitioner No. 2 Saligram; (3) that the petitioner is entitled to get Rs. 11,000/- (Rs. 10,800/-as compensation and Rs. 200 as the expenses on treatment); (4) that the liability of the Insurance Company is limited to Rs. 2000/- On the aforesaid findings, award of Rs. 11000/- was passed on October 15, 1973. Non-petitioners No. 1 and 2 have filed this appeal as aforesaid.
(3.) I have heard Mr. A.L. Metha and Mr. A.R. Metha for the appellant: Mr. M.C. Bhandari for respondents No. 1 and 2 and Mr. Rajendra Metha for respondent No. 3 and have carefully considered the record.;