NEW INDIA ASSURANCE CO. LTD Vs. KAMALABAI

JUDGEMENT

(1.) ALL the aforesaid appeals are being disposed of by this judgment. They arise from the common judgment delivered by the Member, Motor Accidents Claims Tribunal, on 28.12.1989 in Motor Accident Case Nos. 57 of 1982,58 of 1982,4 of 1983, 14 of 1983 and 54 of 1986. The claims preferred by the respective claimants arise from one and the same accident, which occurred on 18.6.1982 in which several persons died and some were injured. The facts giving rise to the claim petitions are as follows:

(2.) ON 18.6.1982 at about 8.30 p.m. several persons boarded the Matador van No. MTR 4391 at Akola. The said Matador was on its way to Khamgaon. In between Ridhora and Vyala the truck bearing No. MPT 9315 came from the opposite direction. Both the vehicles were proceeding with immense speed. A head-on collision took place between the Matador and the truck. The Matador was completely smashed. The truck was also damaged inasmuch the bumper was broken. Out of the several passengers who were travelling in Matador, Vilas Nanoti, Bhikulal Kokarde, Kishorekumar Ailani, Asha B. Dhamne and Gulam alias Sheikh Shabbir died having suffered serious injuries. Bhimrao Dhamne and Wasudeo Thotange, the cleaners of the Matador, were injured. The driver of the Matador died instantaneously on the spot. At the time of accident the truck No. MPT 9315 was being driven by Jitendrasingh Labooram Gautam and its owner was Subhedar Amritsingh. The owner of the Matador was Indumati Vishnupant Jadhav. Either of the vehicles was insured with New India Assurance Co. Ltd.

(3.) THE claimants in Motor Accident Case No. 58 of 1982 were the legal heirs (dependants) of deceased Bhikulal Kokarde. They were the widow Kamalabai, then aged 45 years and son Chandrashekhar, aged 28 years. They claimed compensation of Rs. 1,00,000/- contending that the deceased used to earn Rs. 2,000/- per month out of his business of money lending and being a gold and silver merchant. He was also an agriculturist. The deceased was contributing Rs. 1,000/- for maintenance of his family. The age of the deceased Bhikulal was 52 years.